IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 OP(C).No. 738 of 2011(O) ------------------------------------- I.A.NO.1459/10 IN AS.NO.51/2010 of SUB COURT, TIRUR .................... PETITIONERS ---------------------- 1. KAVEETTIL KADIYUMMA,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 2. KAVEETTIL HUSSAIN,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 3. KAVEETTIL KOYAKUTTY,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 4. KAVEETTIL NAFEESU,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 5. NELLIYALI MAKKIYAMMU,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 6. RAMLA,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 7. FATHIMATH SOORA,NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK. 8. SAIFUNNISSA,NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK. 9. SHAREEFA,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK. 10. HABEEB RAHMAN,NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK. BY ADV. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR RESPONDENT(S): ---------------------------- 1. KAVEETTIL PATHUMMA,NIRAMARUTHUR AMSOM DESOM,TIRUR TALUK,NIRAMARUTHUR.P.O, MALAPPURAM DISTRICT-686 109. sts 2/- -2- OP(C)NO.738/2011 * 2. SHAHUL HAMEED,NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK,NIRAMARUTHUR .P.O, MALAPPURAM DISTRICT,PIN-686109.(DELETED) *SECOND RESPONDENT IS DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DATED 31/03/2011 IN IA.NO.5821/2011 IN OP(C)NO.738/2011 R1 BY ADV. SRI.C.M.MOHAMMED IQUABAL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.738/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN O.S.141/85 DATED 4/10/1990. P2 COPY OF THE JUDGMENT IN A.S.21/91 DATED 19/7/1994. P3 COPY OF THE JUDGMENT IN S.A.749/94 DATED 4/4/2007. P4 COPY OF THE ORDER IN IA.NO.1243/91 IN O.S.141/85 DATED 30/11/2009. P5 COPY OF TH MEMORANDUM OF APPEAL IN A.S.51/10 DATED 19/3/2010. P6 COPY OF THE ORDER IN I.A.1459/10 IN A.S.51/10 DATED 29/1/2011. P7 COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 27/3/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.738 of 2011 --------------------------------------- Dated this 28th day of November, 2011 JUDGMENT Ext.P6, order dated 29.01.2011 of the Court of learned Sub Judge, Tirur on I.A.No.1459 of 2010 in A.S.No.51 of 2010 granting stay of operation of the final decree dated 30.11.2009 is under challenge at the instance of petitioners/plaintiffs. 2. They obtained a preliminary decree for partition in O.S.No.141 of 1985. Later, the Court passed a final decree as well which respondents challenged in A.S.No.51 of 2010 and obtained stay as aforesaid. 3. According to the learned counsel for petitioners, the only challenge in A.S.No.51 of 2010 is regarding valuation made by the Advocate Commissioner and hence the appeal itself could be disposed of as early as possible within a time limit to be specified by this Court. 4. Learned counsel for contesting respondents submits that the preliminary decree is challenged in appeal which was dismissed for default against which an application for re- admission is pending decision. O.P(C).No.738 of 2011 -: 2 :- 5. I am not going into the appeal preferred against the preliminary decree in the case. Now the request is to expedite disposal of A.S.No.51 of 2010. 6. Though, there is a challenge to Ext.P6, order I do not find it necessary to interfere. If preliminary steps in A.S.No.51 of 2010 are complete, that appeal could be disposed of by the learned Sub Judge as early as possible. Resultantly this original petition is disposed of directing the learned Sub Judge to dispose of A.S.No.51 of 2010 if preliminary steps in the appeal are over and there is no legal impediment in its disposal, as early as possible. (THOMAS P. JOSEPH, JUDGE) Sbna/-