IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4037 of 2011(O) -------------------------------------- AS.338/2007 OF ADDITIONAL DISTRICT COURT, THRISSUR .................... PETITIONER: -------------------- MAR AUGIN THUVANA CHURCH, REP. BY ITS PRESEDNT VICARS (1) BINOJ LAZAR, AGED 36 YEARS, S/O.EMMATTY LAZAR, KARIYATTUKARA DESOM, P.O. ELTHURUTH, ARANATTUKARA VILLAGE, TRICHUR TALUK, (2) VINOD, AGED 36 YEARS, S/O.ELUVATHINGAL PADAVAN RAPPAI, CHETTUPUZHA DESOM, AYYANTHOLE VILLAGE, TRICHUR TALUK. BY ADV. SRI.N.M.MADHU, SMT.C.S.RAJANI. RESPONDENT(S): -------------------------- 1. SREE RAMAKRISHNAN, AGED ABOUT 37 YEARS, S/O.MAKKAN PURUSHOTHAMAN, SANKARA IYER ROAD, TRICHUR VILLAGE, TRICHUR TALUK-680 001. 2. VASU, AGED ABOUT 66 YEARS, S/O.MARASSERI MAKKAN ACHUTHAN, SANKARA IYER ROAD, TRICHUR TALUK, TRICHUR VILLAGE-680 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 4037 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PLAINT IN ORIGINAL SUIT NO.140/1999 BEFORE THE MUNSIFF COURT, THRISSUR DATED 11/01/1999. EXT.P2 COPY OF THE WRITTEN STATEMENT IN ORIGINAL SUIT NO.140/1999 DATED 25/03/1999. EXT.P3 COPY OF THE PLAINT IN ORIGINAL SUIT NO.3349/2003 BEFORE THE MUNSIFF COURT, THRISSUR DATED 17/10/2003. EXT.P4 COPY OF THE WRITTEN STATEMENT IN ORIGINAL SUIT NO.3349/2003 DATED 26/05/2004. EXT.P5 COPY OF THE JUDGMENT DATED 06/06/2007 IN ORIGINAL SUIT NO.3349/2003. EXT.P6 COPY OF THE JUDGMENT DATED 30/07/1996 IN ORIGINAL SUIT NO.648/1995. EXT.P7 COPY OF THE JUDGMENT DATED 20/09/1999 IN APPEAL SUIT NO.325/1996. EXT.P8 COPY OF THE MEMORANDUM OF APPEAL IN APPEAL SUIT NO.338/2007 DATED 22/09/2007. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4037 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT Petitioner has obtained judgment and decree for eviction of the respondents, in O.S.No.3349 of 2003 of the court of learned Munsiff, Thrissur. That judgment and decree are under challenge in A.S.No.338 of 2007 of the court of learned Additional District Judge-I, Thrissur. Prayer in this petition is for a direction to the learned Additional District Judge to dispose of the said appeal within a time fixed by this Court. 2. It is submitted that litigation has started in the year, 1999 in the form of another suit and later petitioner obtained a decree for eviction in O.S.No.3349 of 2003. It is submitted that petitioner is in urgent need of the decree schedule property and hence, the appeal may be directed to be disposed of as early as possible. 3. Having regard to the circumstances stated I am inclined to issue the direction prayed for. OP(C)No.4037/2011 2 Resultantly this Original Petition is disposed of directing learned Additional District Judge-I, Thrissur to dispose of A.S.No.338 of 2007 if preliminary steps are over and if there is no legal impediment in doing so, as early as possible having regard to the fact that the litigation started years back. THOMAS P.JOSEPH, Judge. cks