IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 36068 of 2009(O) ----------------------------------------- O.S. NO.177/09 OF THE SUB COURT, ATTINGAL. ......... PETITIONER(S): ------------------------ 1. NAYANA, AGED 40, D/O.NALINI, 'KARTHIKA', AANATHALAVATTOM, CHIRAYINKEEZHU, TRIVANDRUM DISTRICT. 2. NEETHI VASUNDHARAN, (MINOR, REPRESENTED BY HER MOTHER IST PETITIONER NAYANA), 'KARTHIKA', AANATHALAVATTOM, CHIRAYINKEEZHU, TRIVANDRUM DISTRICT. BY ADV. MR.VAKKOM N.VIJAYAN MR.RENJU V. MR.ANIYAN P. RAMITHA M.A. RESPONDENT(S): ------------------------- VIJAYAKUMAR, AGED 48 YEARS, S/O.SIVANANDAN, KOPRAKKOOTT HOUSE, TOLL JUNCTION, AVANAVANCHERI, TRIVANDRUM DISTRICT. ADV. MR.M.DINESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36068/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. NO.177/09 PENDING BEFORE THE SUB COURT, ATTINGAL. P2:- COPY OF THE WRITTEN STATEMENT FILED BEFORE THE SUB COURT, ATTINGAL ON 24.8.09. TRUE COPY P.S. TO JUDGE tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 36068 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of March, 2010. JUDGMENT The limited prayer in this writ petition is for a direction to the Sub Court, Attingal to take up and dispose of O.S. 177 of 2009 pending before the said court. 2. Petitioners are the defendants in O.S. 177of 2009 before the Sub Court, Attingal. The suit is one for partition. The properties included in the suit are plaint schedule properties A to G. The first petitioner's husband and the plaintiff are brothers. Their father died on 25.2.2004 and their mother died on 8.7.2003. Petitioner's husband, while working in the Military Engineering Service, died on 18.10.2007. The couple had adopted the second petitioner as their child. The respondent filed a suit. O.S. 177 of 2009 before Sub WPC.36068/2009. 2 Court, Attingal for partition. Petitioners say that the attempt of the plaintiff is to drag on the suit and that causes serious injuries and harm to the petitioners. They therefore seek an early disposal of the suit. 3. Learned counsel for the respondent points out that in fact the petitioners had moved an application for appointment of a receiver before the court below and the plaintiff was appointed as receiver, and he has been doing so promptly. There is no merit in saying that he is attempting to drag on the matter. 4. Considering the facts and circumstances, it is felt that an early disposal of the suit is just and proper. This court is fully aware of the fact that Sub Court, Attingal is a heavy court. But considering the plight of the petitioners, it is felt that a direction needs to be issued. In the result, this writ petition is disposed of with a direction to Sub Court, Attingal to take up O.S. 177 of 2009 and dispose it of as expeditiously as possible and at any rate WPC.36068/2009. 3 within six months from date of the re-opening of the court, provided all the steps are completed. P. BHAVADASAN, JUDGE sb.