IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11675 of 2008(M) -------------------------- AGAINST THE ORDER IN IA 558/06 IN OS.56/2004 of ADL.SUB COURT, THALASSERY .................... PETITIONER: ------------ A. HEMALATHA NAMBIAR D/O.LATE N.K.PADMANABHAN NAMBIAR, AGED 58 D4 KENT PARADISE, MAY 1ST ROAD, THAMMANAM KOCHI-32. BY ADV. SRI.K.S.MADHUSOODANAN SRI.K.VISWAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: ------------- 1. LEELAMANI AMMA, W/O.K.R.NAMBIAR AGED 65, 'RAMYA', NEAR KALLIYASSERI HIGH SCHOOL P.O.KALLIASSERI. 2. RADHA NAMBIAR, W/O.PADMANABHAN NAMBIAR AGED 63, NO JOB, KADACHIRA, KANNUR. 3. MAJOR GENERAL (RETD)A.R. NAMBIAR S/O.KUNHIKANNAN NAMBIAR, 1179, 5TH SECTOR 7HSR LAYOUR, BANGALORE. 4. MALLIKA NAMBIAR D/O.M.KUNHIKANNAN NAMBIAR, AGED 55, NO JOB SAGARIKA CONTONMENT AREA, KANNUR. 5. A.HAREENDRANATH, S/O.KUNHIKANNAN NAMBIAR AGED 53, BUSINESS, 36 FERN LEIGH STREET NEW PLYMOUTH, NEWZEELAND. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11675 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T This writ petition is filed with a prayer to direct the Subordinate Judge, Thalassery to dispose of I.A.558/06 in O.S.56/04 before the summer vacation. Ext.P2(I.A.558/06) is an application to appoint an advocate Commissioner to conduct the Melpatam auction. The suit is one for partition and the plaintiff would submit that it is the peak season for taking yield from cashew nut trees. Unless an auction is conducted it may affect the mesne profits of the plaintiff. Therefore I direct the Court below, if the service is complete and ready for hearing, to consider and dispose of I.A.558/06 in O.S.56/04, if possible before the Court closes for summer holidays. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-