IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 14145 of 2008(H) -------------------------- PETITIONER: ------------ K.N.KUSUMAKUMARI, AGED 51 YEARS, HOUSEWIFE, S/O.LATE NARAYANAN KONATHUPARAMBIL HOUSE, KAVUMBHAGAM VILLAGE, KAVUMBHAGAM PO,THIRUVALLA TALUK,. PATHANAMTHITTA DIST. BY ADV. SMT.K.N.KUSUMAKUMARI(PARTY IN PERSON) RESPONDENTS: ------------- VILLAGE OFFICER, KAVUMBHAGAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. 2. K.N. UMANANDAN, S/O. NARAYANAN, KONATHUPARAMBIL VEEDU, KAVUMBHAGAM VILLAGE, KAVUMBHAGAM MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. ADDL. R2 IS IMPLEADED AS PER ORDER DATED 16-6-2008 IN I.A.NO. 7546/2008. BY ADV. SRI.C.S.MANU FOR ADDL.R2 SRI.S.K.PREMRAJ FOR ADDL.R2 GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 14145/2008. --------------------------------------------------------------------- EXT.P1 JUDGMENT IN O.P.NO. 29500/1999 DT. 19-6-2000. EXT.P2 JUDGMENT IN W.P.C.NO. 32885/04 DT. 26-11-2004. EXT.P3 COMMON ORDER IN O.S.NO. 88/1998 DT. 21-12-2004. EXT.P4 JUDGMENT IN W.P.C.NO. 5593/2005 DT. 16-3-2005. EXT.P5 FINAL DECREE JUDGMENT IN O.S.NO. 88/1998. EXT.P6 FINAL DECREE IN STAMP PAPER IN O.S.NO. 88/1998. EXT.P7 JUDGMENT IN W.P.C.NO. 30257/05 DT. 16-11-2005. EXT.P8 JUDGMENT IN W.P.C.NO. 2319/2006 DT. 25-1-2006. EXT.P9 JUDGMENT IN R.P.NO. 160/2006 DT. 20-2-2006. EXT.P10 JUDGMENT IN W.P.C. NO. 7517/2006 DT. 3.4.2006. EXT.P11 ORDER IN F.A.O.NO. 31/2007. EXT.P12 JUDGMENT IN F.A.O.NO. 31/07. EXT.P13 LETTER – GOVT. OF KERALA. EXT.P14 ORDER IN O.S.88/1988 OF MUNSIFF'S COURT, THIRUVALLA. EXT.P15 ENCUMBRANCE CERTIFICATE DT. 16-4-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14145 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th July, 2008. J U D G M E N T The petitioner and the additional 2nd respondent are sister and brother. In respect of partition of certain properties belonging to them and others, a suit is pending. Preliminary decree has already been passed as per which, the petitioner is entitled to 1/9th share, which, according to the petitioner, would come to 4.33 cents. Petitioner has been trying to get the property mutated in her name for quite some time. According to the petitioner, this could not be done only because of the delaying tactics of the 2nd respondent. This is disputed by the counsel for the 2nd respondent who would point out that final decree proceedings in the suit for partition are still pending without passing which the property cannot be mutated in the name of the petitioner and as is evident from Ext. P14 order itself, it was the petitioner who applied for long adjournment in the proceedings which was granted by the Munsiff's Court, Thiruvalla. 2. The petitioner is a lady who appears in person. With great difficulty the petitioner had got the issue between her and the 2nd respondent settled and a Division Bench of this Court had, by Ext. P12 judgment, directed that “if the compromise between the petitioner and the 2nd respondent is found in no way to affect the original allotment of other sharers, the court below, in terms of the compromise, shall pass appropriate orders.” It was further stipulated therein that in case it is found that the compromise entered into between the parties may affect other sharers, the trial court will give opportunity to all the parties and dispose of the matter. 2. That judgment was rendered on 6-9-2007. More than ten months have elapsed since then. The learned Munsiff has not passed any order pursuant thereto. Of course, in Ext. P14 order, the learned Munsiff would say that it is pursuant to an application by the W.P.C. No. 14145/2008 -: 2 :- petitioner for long adjournment, that adjournment was granted. The learned Munsiff cannot grant such long adjournment simply at the request of the parties. The learned Munsiff has to see that a petition before him is disposed of expeditiously, especially when this Court has directed disposal of the proceedings . In the above circumstances, the writ petition is disposed of with the following directions: The Munsiff's Court, Thiruvalla shall take up the proceedings evidenced by Ext. P14 order passed by him, as directed in Ext. P12 judgment of the Division Bench and pass orders thereon as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If the order to be passed finally decides the share of the petitioner in the property, the 1st respondent shall effect mutation of the property in the name of the petitioner as per the decree, within one month from the date of production of the judgment/order of the Munsiff's Court. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.