IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 OP(C).No. 1195 of 2011(O) OS.33/1997 OF MUNSIFF'S COURT, KODUNGALLUR PETITIONER: -------------------- USHA, D/O. RAMAKRISHNAN PANICKER, CHERAYIPADINJARAKKARA HOUSE, ALA DESOM, S.N. PURAM, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SRI.A.S.RADHAKRISHNAN NAIR RESPONDENT: --------------- SHAILA, D/O.BALAKRISHNA PANICKER, CHERAYIPADINJAKKARA HOUSE, ALA DESOM, SREENARANAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR - 680 664. ADV.SRI.SATHISH NINAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, ALONG WITH CRP NO.509 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN RSA.NO.876/2004 DATED 7.4.2004. EXT.P2 TRUE COPY OF THE FINAL DECREE APPLICATION I.A.NO.2454/1998 IN O.S.NO.33/1997 OF THE MUNSIFF'S COURT, KODUNGALLUR. EXT.P3 TRUE COPY OF THE COMMISSIONER'S REPORT IN O.S.NO.33 OF 1997 OF THE MUNSIFF'S COURT, KODUNGALLUR. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1195 OF 2011 O and C.R.P. NO. 509 OF 2010 ------------------------------------------------------ Dated this the 17th day of June, 2011 JUDGMENT The Civil Revision Petition as well as the Original Petition arise out of the final decree proceedings in O.S.No.33 of 1997 on the file of the Munsiff's Court, Kodungallur. C.R.P.No.509 of 2010 is filed by defendants 6 and 7 challenging the order dated 3.8.2010 in I.A.No.1096 of 2010, by which, the prayer for remitting the Commissioner's report was granted only partly. The contentions raised by the petitioners were not fully accepted by the court below. O.P.(C) No.1195 of 2011 was filed by the 6th plaintiff for a direction to the Munsiff's Court to dispose of the final decree application expeditiously. 2. Sri.Sathish Ninan, learned counsel appearing for the petitioners in C.R.P.No.509 of 2010, submitted that the final hearing in the final decree application is over and orders are reserved. In these circumstances, the counsel submits that C.R.P.NO.509 OF 2010 & O.P.(C) NO.1195 OF 2011 :: 2 :: C.R.P.No.509 of 2010 is not pressed without prejudice to the right of the petitioners therein to challenge the order impugned in the appeal, if any, against the final decree. Accordingly, C.R.P.No.509 of 2010 is dismissed as not pressed with the aforesaid liberty. In view of the submission as recorded above, no further directions are required to be issued to the court below for the expeditious disposal of the final decree application. O.P.(C) No.1195 of 2011 is, accordingly, closed. (K.T.SANKARAN) Judge ahz/