IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10504 of 2010(O) --------------------------------------- AS.NO.124/2010 OF DISTRICT COURT, KOTTAYAM, OS.NO.609/1999 OF PRL.MUNSIFF COURT, KOTTAYAM. .................... PETITIONER: ------------------- MARY MATHEW,THADATHILPARAMBIL HOUSE CHANNANIKKADU KARA,PANACHIKADU VILLAGE, KOTTAYAM TALUK. BY ADVS. MR.SAJEEVAN KURUKKUTTIYULLATHIL, MR.N.F.JOHN JOSEPH THOMAS RESPONDENTS: ------------------------ 1. CHACHIKUTTY,CHETHIMATTATHIL HOUSE, MALLOOSSERRY KARA DO. P.O,PERUMBAIKKAD VILLAGE – 686 027. 2. ELSY, KUNNEL HOUSE,CHINGAVANAM, NATTAKOM, KOTTAYAM – 686013. 3. MARIYAMMA,CHERUKARIATHU VEMBALY MODIYIL, PADINJATTU OTHARA, THIRUVALLA- 689 546. 4. ANNAMMA, D/O.KURIAKOSE,ALAPPATTU HOUSE, DO. DO. 5. AMMINI @ ACHAMMA KURIAKOSE, D/O.KURIAKKSE, AKKARAKANDATHIL HOUSE, MUZHUKKEER BHAGOM, THIRUVANDOOR,CHENGANNOOR – 689 109. 6. M.K.KURIAKOSE @ RAJU, CHERUKARIATHU VEMBALLYMODIYIL HOUSE, PADINJATTU OTHARA KARA DO. VILLAGE, THIRUVALLA. 7. BINCY MATHEW, W/O.MOTI T.ULAHANNAN, URUMBETH HOUSE, MUTTAMBALAM, KOTTAYAM – 686 002. W.P.(C). NO.10504/2010-O: 8. MOTI T.ULAHANNAN OF DO. DO. 9. C.M.MATHEW, UMMACHERIL HOUSE,KURICHY, CHANGANACHERRY. 10. C.M.PUNNOOSE OF DO. DO. DO. 11. PUNNOOSE MATHEW, THADATHIPARAMBIL HOUSE, CHANNANIKKADU, PANACHIKKADU, KOTTAYAM – 686 533. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.10504 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the following prayers are made : “A. issue a writ of mandamus or any other writ, direction or order staying the execution of the decree in OS No.609/99 of the Munsiff Court. B. issue a writ of mandamus or any other writ, direction or order calling upon the learned District Judge to dispose of the appeal within a time frame.” 2. The petitioner seems to have filed EA No.31/09 under Order XXI Rule 97 claiming that by virtue of Ext.A1 will of late mathen dated 5.6.1965, the decree in OS No.609/99 of the Munsiff's Court, Kottayam is not executable as the suit property is her absolute property. The said application was dismissed. The matter was carried in appeal as AS No.124/10 before the District Court, Kottayam. Along with the appeal, a stay petition WPC 10504/10 2 was also moved. The petitioner apprehends that unless stay is granted, the delivery of the property will be effected. She, therefore, prays for a direction to the District Court, Kottayam to consider and dispose of the appeal expeditiously. 3. In the light of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to isue notice to the respondents. Considering the facts and circumstances of the case, it is felt that it will be just and proper to direct the Court to dispose of the appeal expeditiously. Accordingly, there will be direction to the District Court, Kottayam to consider and dispose of AS No.124/10 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this Judgment. P.BHAVADASAN, JUDGE sta WPC 10504/10 3 WPC 10504/10 4