IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12117 of 2010(O) ---------------------------------------- OS.496/2007 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER(S): ----------------------- LALITHA RAMAKRISHNAN, AGED 64 YEARS, W/O. KOLLARA RAMAKRISHNAN, ELITE K.S.R.FARM, CHAPPAKKAD, MUTHALAMADA, PALAKKAD DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- 1. DHANYAN, S/O. UNNI, VALLATH HOUSE, KARUVANNUR, PORATHISSERY, THRISSUR DISTRICT. 2. ARUNAN, S/O. UNNI, VALLATH HOUSE, KARUVANNUR, PORATHISSERY, THRISSUR DISTRICT. 3. LEENA, D/O. UNNI, RESIDING AT C/O. SARJITH K.P., AMMA APARTMENT, S-1, E5/G5/489, PAYYAPPALLY LANE, ELAMAKKARA, ERNAKULAM. 4. NANDI, D/O. UNNI AND W/O. AJAYAN, MANAKUNNATH HOUSE, P.O.IRINJALAKUDA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 12117 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010. JUDGMENT In this writ petition, the petitioner limits the prayer to a direction to Sub Court, Irinjalakuda to take up O.S.496/07 and dispose of it as expeditiously as possible. 2. The petitioner claims to be the co-owner in respect of the 46 cents of land in Porathissery Village. Owner of the property was the predecessor in interest of the petitioner and the respondents, namely Sankaran. Sankaran had executed a will. The will contained certain conditions. O.S. 496/07 is a suit for partition filed before the Sub Court Irinjalakuda. Copy of the plaint is produced as Ext.P1. 3. Defendants had entered appearance and filed a written statement. They have taken two contentions in the written statement. The petitioner in this petition has given details of the frequent postings of the case and it is pointed out that nothing happened on those dates. The W.P.(c) No.12117/10 2 petitioner claims to be a senior citizen and therefore seeks appropriate direction to dispose of the suit at the earliest. 4. In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary. 5. The petitioner had pointed out that the suit is of the year 2007 and also that the contentions raised by the defendants to the claim for partition are not very substantial. Whatever that be, from the petition it is seen that there have been frequent posting of the case without serving any purpose. Petitioner's grievance seems to be genuine. In the result, there will be a direction to the Sub Court, Irinjalakuda to take up and dispose of the suit, O.S. 496 of 2007, as expeditiously as possible at any rate within six months from the date of re-opening of the court after summer vacation, provided all the steps are complete and it is ripe for trial. W.P.(c) No.12117/10 3 P. BHAVADASAN, JUDGE Sou.