IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 28869 of 2009(O) ---------------------------------------- OS.474/2008 OF SUB COURT, KOTTAYAM. .................. PETITIONER/ IST DEFENDANT -------------------------------------------- STEPHENA FRANCIS, AGED 19 YEARS, D/O.LATE JOSEPH FRANCIS, KOIPPALLY HOUSE, VATTAPPALLY P.O., CHANGANACHERRY. BY ADV. MR.R.SUNIL KUMAR, SMT.A. SALINI LAL. RESPONDENT/PLAINTIFF/DEFENDANTS ----------------------------------------------------------- 1. MATHEW JOHN, AGED 38 YEARS, S/O.LATE JOSEPH JOHN, RESIDING AT KOIPPALLY HOUSE, MARKET ROAD, CHANGANASSERY. 2. SUNIL JOHN, AGED 41 YEARS, S/O.LATE JOSEPH JOHN, RESIDING AT KOIPPALLY HOUSE, MARKET ROAD, CHANGANASSERY. 3. MARTIN JOSEPH, AGED ABOUT 42 YEARS, S/O.JOSEPH JOSEPH, KOIPPALLY HOUSE, KURISUMMOOD P.O. CHANGANASSERY. 4. JOSEPH JOSEPH @ PRINCE JOSEPH, AGED ABOUT 34 YEARS, S/O.LATE SUNNY JOSEPH, KOIPPALLY HOUSE, KURISUMMOOD P.O., CHANGANASSERY. 5. MOHAN THOMAS, AGED ABOUT 51 YEARS, S/O.LATE JOSEPH THOMAS, KOIPPALLY HOUSE, KURISUMMOOD P.O., CHANGANASSERY. 6. GIJAN THOMAS, AGED ABOUT 43 YEARS, S/O.LATE JOSEPH THOMAS, KOIPPALLY HOUSE, KAVALA P.O., CHANGANASSERY. 7. BOBAN THOMAS, AGED 52 YEARS, S/O.LATE JOSEPH THOMAS, KOIPPALLY HOUSE, PERUMITHURUTHY P.O., IDINJILLAM, THIRUVALLA. WP(C).No. 28869 of 2009(O) 8. SAJAN THOMAS, AGED ABOUT 48 YEARS, S/O.LATE JOSEPH THOMAS, KOIPPALLY HOUSE, KAVALA P.O., CHANGANASSERY. 9. DUKE JOHN, AGED ABOUT 30 YEARS, S/O.LATE JOSEPH JOHN, RESIDING AT KOIPPALLY HOUSE, MARKET ROAD, CHANGANASSERY. 10. THOMAS JOHN, AGED 34 YEARS, S/O.LATE JOSEPH JOHN, RESIDING AT KOIPPALLY HOUSE, MARKET ROAD, CHANGANASSERY. 11. ROSAMMA JOSEPH, AGED 79 YEARS, W/O.LATE JOSEPH JOSEPH, KOIPPALLY HOUSE, KURISUMMOOD P.O. CHANGANASSERY. R1 BY ADV. MR.V.M.KURIAN . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 28869 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010. JUDGMENT In this petition under Article 227 of the Constitution of India, the petitioner prays for a direction to the Sub Court-I, Kottayam to dispose of O.S.474 of 2008 pending before the said court. 2. Petitioner is the first defendant in O.S. 474 of 2008, which is one for fixation of boundary, injunction and ancillary reliefs. The plaintiff claims right over the property as per a will. The details of the suit are given in the petition, which are not necessary to be mentioned here in the light of the order that is sought to be passed. Petitioner points out that the issues have been framed in the suit and it is ripe for trial. According to him, because of the pendency of the suit, she is not able to deal with the property. 3. Since the suit is ripe for trial, there is no reason why the same should not be tried and disposed WPC.28869/2009. 2 of. Therefore there will be a direction to the Sub Court-I, Kottayam to try and dispose of O.S. 474 of 2008 as expeditiously as possible at any rate within six months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. P. BHAVADASAN, JUDGE sb.