IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31494 of 2009(O) --------------------------------------- OS.NO.33/2006 OF SUB COURT, PAYYANNUR. .................... PETITIONER: ------------------- BEEBEERAKATH NASEEMA, D/O.LATE KALLURIAKATH MAMMU,AGED 39 YEARS, KOTTOOR,SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. MR.V.T.MADHAVANUNNI, MR.V.A.SATHEESH. RESPONDENTS: ------------------------ 1. BEEBEERAKATH SAFIYATHUMMA, W/O.LATE MAMMU,AGED 72 YEARS,SAFIYA MANZIL, SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. 2. BEEBEERAKATH KATHEESUMMA, D/O.LATE MAMMU,AGED 54 YEARS,SOUDA COTTAGE, SREEKANDAPURAM,TALIPARAMBA TALUK,KANNUR DISTRICT. 3. BEEBEERAKATH KUNHIPATHUMMA, D/O.LATE MAMMU,AGED 52 YEARS,BEEBEERAKATH HOUSE, SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. 4. BEEBEERAKATH ABDUL MAJEED, S/O.LATE MAMMU,AGED 48 YEARS,BEEBEERAKATH HOUSE, SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. 5. BEEBEERAKATH NAFEESA, D/O.LATE MAMMU,AGED 45 YEARS,BEEBEERAKATH HOUSE, SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. W.P.(C). NO.31494/2009-O: 6. BEEBEERAKATH KHAIRUNNEESA, D/O.LATE MAMMU,AGED 42 YEARS,BEEBEERAKATH HOUSE, SREEKANDAPURAM AMSOM,TALIPARAMBA TALUK, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.31494 OF 2009 -------------------------- Dated this the 5th day of November 2009 ------------------------------------- JUDGMENT Petitioner is the plaintiff in O.S No.33 of 2006 on the file of Sub Court, Payyannur. Suit is for partition, and the respondents are the defendants. Petitioner has filed the interlocutory application in the suit, two of them for impleading additional defendants and the third for appointment of a receiver. These applications are not taken up for consideration is the grievance canvassed for issuing writ, direction/order to the court below for an expeditious disposal of those applications. 2. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is W.P.(C).No.31494 OF 2009 Page numbers necessary, and hence it is dispensed with. It is open to the petitioner to invite the attention of the court below to the interlocutory applications moved, and, if necessary, by filing a separate application as well, if oral submission is found to be as effective and in case his grievance is not considered, he can approach this court for appropriate directions/orders. Reserving the right of the petitioner to invite the attention of the court below to his applications as indicated above, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv W.P.(C).No.31494 OF 2009 Page numbers