IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20928 of 2008(N) -------------------------------------- OS.222/1996 of II ADDL.SUB COURT, KOZHIKODE .................... PETITIONER : ------------------- ARUNCHANDRA C SHAH, AGED 73 YEARS, S/O.CHATHRA BHUJ SHAH, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKODE. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS : ---------------------- 1. SWAROOP CHAND ANANDJI SHAH, AGED 81 YEARS, S/O.ANANDJI SHAH, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKODE 2. MRUDUL KUMAR S SHAH, AGED 56 YEARS, S/O.ANANDJI SHAH, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKODE 3. JITHESH KUMAR S SHAH, AGED 51 YEARS, S/O.LATE SHANTILAL C SHAH, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKOE 4. SOBHA S SHAH, AGED 72 YEARS, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKDE 5. BEENA V SHAH, ANAND GARDEN, KOTTULI, NELIKODE, KOZHIKODE 6. V.VYSHALI, AGED 18 YEARS, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKODE 7. DARSHANA V, AGED 16 YEARS (MINOR), REPRESENTED BY HER MOTHER BEENA V SHAH, ANAND GARDEN, KOTTULI, NELLIKODE, KOZHIKODE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 20928 OF 2008 ............................................ DATED THIS THE 11TH DAY OF JULY, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India for a direction to Sub Court, Kozhikode to dispose final decree application, I.A.1175 of 1998 and connected applications in O.S.222 of 1996 at the earliest. 2. Learned counsel appearing for petitioner was heard. The case of petitioner is that a final decree application was filed on 20.2.1998 and in the final decree, parties reached an agreement regarding the immovable properties and I.A.5253 of 2003 was filed for passing an interim final decree, in terms of such settlement the court allowed the application and passed an interim final decree on 20.5.2005 and though it was challenged before this court in WP(C) 26061 of 2005, it was dismissed under Ext.P2 judgment on 4.10.2005. It was also pointed out that I.A3142 of 2007 was filed, raising objection to the report by petitioner and the objections were heard by the court on 24.9.2007 and respondents have also filed I.A.3973 of 2007 and what remains is only the passing of final decree and learned Sub Judge may be directed to dispose the matter without further WP(C) 20928 OF 2008 2 delay. In the light of the submissions, learned Sub Judge, Kozhikode is directed to dispose the final decree application, I.A.1175 of 2008, and connected applications in O.S.222 of 1996, as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE lgk/-