IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 14712 of 2009(O) -------------------------- OS.40/2004 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): -------------------------- RAMACHANDRAN PILLAI, S/O. LATE SRI. MADHAVAN PILLAI, SANTHI BHAVAN, PUTHENKULAM, FROM PUTHEN VEEDU, THAZHAM, CHATHANNOOR, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): --------------------------- 1. SAVITHRI AMMA, W/O. LATE MADHAVAN PILLAI, PUTHENVILA VEEDU, THAZHAM, CHATHANAOOR, KOLLAM. 2. RAJAN PILLAI, S/O. LATE SRI. MADHAVAN PILLAI, PUTHENVILA VEEDU, THAZHAM, CHATHANOOR, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.14712 OF 2009 -------------------------- Dated this the 22nd day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed by the first defendant in O.S 40/2004 on the file of the Sub Court, Kollam. The above suit is one for partition and the first respondent is the plaintiff and other respondents are co-defendants with the petitioner in the suit. The only relief sought for in the petition is an expeditious disposal of the suit after giving opportunity to both sides to lead evidence in support of their respective case. 2. Notice was given to the respondents. But after service none of them has entered appearance. A report was called for from the learned Sub Judge to ascertain whether the suit is W.P.(C).No.14712 OF 2009 2 ripe for trial and if so, the time required for its dismissal. It is reported that issues have been settled and the case is posted for pretrial steps. It is submitted by the learned counsel for the petitioner that the question to be considered at present in the suit is whether a preliminary decree sought for by the plaintiff can be passed or not, and as such appointment of a commission at this stage may not be necessary. 3. Having regard to the facts and circumstances involved and the report received from the learned Sub Judge, I find that there is no serious impediment in disposal of the suit on an early date. I direct the learned Sub Judge to dispose the suit as expeditiously as possible, after affording reasonable opportunity to both sides to lead evidence in support of their respective case, at any rate within a period of six W.P.(C).No.14712 OF 2009 3 months from the date of receipt of a copy of this judgment. The writ petition is closed with the above direction. Hand over a copy of the judgment to the counsel for the petitioner on usual terms and transmit a copy to the court below forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv