IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27296 of 2009(O) -------------------------- AS.53/2008 of DISTRICT COURT, THRISSUR .................... PETITIONER: --------------- DEVASSY, S/O. VAZHAPPILLY PYLOTH, NELLIKKUNNU, KURA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENTS: --------------- 1. JOSE @ V.P.ANTONY, S/O. VAZHAPPILLY PYLOTH, TC 15/844, NELLIKKUNNU KURA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. 2. DAISY, W/O. VAZHAPPILLY PYLOTH, TC 15/844, NELLIKKUNNU KURA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. 3. JEENA, D/O. VAZHAPPILLY PYLOTH, TC 15/844, NELLIKKUNNU KURA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. 4. TEENA, D/O. VAZHAPPILLY PYLOTH, TC 15/844, NELLIKKUNNU KURA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.27296 of 2009 - O --------------------------------- Dated this the 30th day of September, 2009 J U D G M E N T The writ petition is filed seeking the following relief: “To issue a writ of mandamus or such other writ, order or direction, directing the District Judge, Thrissur to hear and dispose of A.S.No.53/2008 pending before that court at the earliest, without any further delay.” 2. Petitioner is the plaintiff in O.S.No.1734 of 2006 on the file of the Munsiff Court, Thrissur. Suit was one for a decree of mandatory injunction, and the respondents are the defendants. Suit was decreed. The respondents preferred an appeal numbered as A.S.No.53 of 2008 and it is pending before the District Court, Thrissur. The only relief canvassed in the writ petition is issue of orders/directions to the court below for expeditious disposal of the appeal. 3. I heard the counsel for the petitioner. Having regard to the submissions made and the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. W.P.(C).No.27296 of 2009 - O 2 4. Learned counsel for the petitioner submitted that he is a senior citizen aged 67 years and he desires to enjoy the fruits of the decree granted in his favour after an expeditious disposal of the appeal. 5. Taking note of the facts and circumstances, I direct the learned District Judge to give the appeal top priority in hearing and dispose it, after hearing both sides, as expeditiously as possible, at any rate, before closing of the courts for Christmas vacation. Writ petition is disposed of as above. Send a copy of the judgment to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-