IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27509 of 2008(Y) -------------------------------- AS.125/2007 of SUB COURT,KOTTARAKKARA O.S. NO. 70/2005 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER: SARASWATHY, AGED 57 YEARS, W/O. KUTTAN, RESIDING AT VILAYIL VEEDU, SIVAN MUKKU, CHITHARA VILLAGE. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: 1. DEVADASAN, S/O.PAPUKUTTY AGED 51 YEARS, DHAVARANAYIL VEEDU VANKOLLA P.O., VIA, MADATHARA. 2. SALIM SHA, S/O. RASAVU RAWTHER AGED 49 YEARS, MUMTHAS MANZIL, SIVAN MUKKU, CHITHARA VILLAGE, KOLLAM DISTRICT. 3. UDAYAKUMAR, S/O. PAPUKUTTY AGED 45 YEARS, VILAYIL VEEDU SIVAN MUKKU, CHITHARA VILLAGE, KOLLAM DISTRICT. 4. RAJU, S/O. SUKUMARAN, AGED 35 YEARS PLAVILA VEEDU, SIVAN MUKKU, MADATHARA POST, CHITHARA VILLAGE, KOLLAM DISTRICT. 5. USHA,D/O. NARAYANAN, AGED 54 YEARS USHA MANDIRAM, CHENANCODE, VADASERIKONAM POST, OTTOOR VILLAGE, CHIRAYINKEEZHU TALUK THIRUVANANTHAPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 27509 of 2008 ========================== Dated this the 22nd day of September, 2008. JUDGMENT The petitioner who is the plaintiff in O.S. No. 70 of 2005 on the file of the Munsiff Court, Kottarakkara which was a suit for declaration and injunction, seeks a direction to dispose of A.S. No. 125/2007 filed by some of the defendants in the suit before the Sub Court, Kottarakkara challenging the judgment and decree dated 29.06.2007 passed by the Musiff Court, Kottarakkara in the suit. According to the petitioner, she is an Asthma patient who is desirous of enjoying the fruits of the decree and possession since she is in need of money for the treatment of herself and her husband. 2. This Court ascertained the status of the appeal from Sub Court, Kottarakkara. It has been informed that even though the appeal is ripe for hearing, in view of certain time bound directions from this Court, the learned Sub Judge has to dispose of several cases in the immediate future and that the court will be in a position to dispose of the Appeal (A.S. No. 125/2007) only by W.P.(C) NO. 27509/2008 : 2: 31.03.2009. Such being the position, I am not inclined to issue directions as prayed for by the petitioner. However, the Sub Court, Kottarakkara shall make an earnest endeavour to see that A.S. No. 125/2007 is disposed of expeditiously and at any rate on or before 31.03.2009. This writ petition is disposed of as above. Dated this the 22nd day of September, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 27509/2008 : 3: