IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP(C).No. 1220 of 2011(O) -------------------------------- OS.225/2010 of PRL.SUB COURT,TRIVANDRUM OS.1829/2008 of PRL.M.C.,TRIVANDRUM .................... PETITIONER ---------------- LATHIKA, D/O. LATE VASUDEVAN PILLAI, TC 78/708, SHANKUCHAKRAM, BEACH P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): -------------------- P.USHA, MAVOORTHALA PUTHENVEEDU, THOLOOR, ARYANADU, NOW RESIDING AT TC 78/708, SHANKUCHAKRAM, BEACH P.O., THIRUVANANTHAPURAM - 695 001. R1 BY ADV. SRI.C.E.UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 1220/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE 1ST PLAINT IN O.S.1829/2008 ON THE FILE OF MUNSIFF COURT, THIRUVANANTHAPURAM NOW PENDING AS O.S 225/10 BEFORE SUB COURT, THIRUVANANTHAPURAM. P2: COPY OF THE 2ND PLAINT OS 22/2006 ON THE SUB COURT, THIRUVANANTHAPURAM. P3: COPY OF THE OP (SUCC) NO.15/2006 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM. P4: COPY OF WRITTEN STATEMENT FILED IN EXT.P1. P5: COPY OF THE IMPLEADING PETITION IN OP(SUCC)15/2006 FILED BY THE RESPONDENT. P6: COPY OF THE OBJECTION TO IMPLEADING PETITION IN OP(SUCC) 15/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1220 of 2011 ==================================== Dated this the 04th day of August, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.1829 of 2008 of the court of learned Munsiff, Thiruvananthapuram filed against defendants therein for a decree for recovery of possession and prohibitory injunction. Petitioner and second plaintiff claimed that property belonged to Mohanan, late brother of petitioner and he executed a Will in favour of petitioner and the second plaintiff. They alleged that late Mohanan granted permission to Vijayakumar, deceased brother of Mohanan to stay in a portion of the building which is sought to be recovered. Late Vijayakumar filed O.S. No.222 of 2006 in the court of learned Sub Judge, Thiruvananthapuram for recovery of possession against petitioner. Late Vijayakumar also filed O.P(Succ.) No.15 for granting Succession Certificate in the Sub Court, Thiruvananthapuram. Respondent who is only a maid servant of Vijayakumar sought impleadment in the suits and the petition for succession certificate. It is submitted that O.S. No.1829 of 2008 is now pending in the court of learned Sub Judge Thiruvananthapuram and renumbered as O.S. No.225 of 2010. O.P(C) No.1220 of 2011 -: 2 :- Petitioner wants early disposal of the cases. It is stated that petitioner is aged 70 years and the litigation started in the year 2006 but continues even now. Respondent has no objection for an early disposal of the cases. 2. Without understanding the volume of work of the court below and priority for disposal of older cases it is not proper for this Court to issue a direction for any time bound disposal. But learned Sub Judge, Thiruvananthapuram may consider whether having regard to the grievance of petitioner and the oldness of the suits the same could be disposed of as early as possible. Original Petition is closed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv