IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 OP(C).No. 1434 of 2011(O) ------------------------------------- OS.NO.778/2005 of PRL.MUNSIFF COURT, ERNAKULAM .................... PETITIONER --------------------- 1. AYYAPPAN.K.C, AGED 80, S/O CHATHAN, NO.4/725, NAVODAYA ROAD, THRIKKAKARA P.O., VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM. 2. SHOBHA, W/O MANI & D/O AYYAPPAN, -DO- -DO-. 3. MANI, H/O. SHOBA, -DO- -DO-. BY ADV. SRI.K.S.MADHUSOODANAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): --------------------------- P.A.PAUL, S/O ANTONY, AGED 61, PADIKKALAVEETTIL HOUSE, PONNURUNNI, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM.PIN-682 019 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.1434/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN OS.NO.778/05 OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1434 of 2011 -------------------------------------- Dated this the 22nd day of July, 2011. JUDGMENT Petitioners are defendants in O.S.No.778 of 2005 of the court of learned Principal Munsiff, Ernakulam. That is a suit for recovery of possession of the suit property. Petitioners filed written statement as early as on November 22, 2005. On March 31, 2006 learned Principal Munsiff allowed I.A.No.2848 of 2006 and appointed an Advocate Commissioner to identify the property with the assistance of a Surveyor. The Advocate Commissioner submitted a preliminary report in the year, 2007 stating that the property is not identifiable. Thereafter the case was posted on several occasions for final report. But such report has not been filed. In the circumstances it is prayed that learned Principal Munsiff may be directed to expedite the proceeding. 2. Without knowing the volume of work of the court concerned and the difficulty if any in identifying the property and submitting a report and plan I am not inclined to think that a direction for time bound disposal can be issued. But, learned Principal Munsiff has to ensure that the steps are completed and the suit is made ripe for trial at the earliest. If necessary, learned Principal Munsiff has to give necessary direction to the Advocate Commissioner to expedite his OP(C) No.1434/2011 2 proceeding. With the above direction this Original Petition is disposed of. THOMAS P.JOSEPH, Judge. cks