IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 OP(C).No. 3726 of 2011(O) ------------------------------------- [OP.(SUCC) 28/2011 OF I ADDITIONAL SUB COURT,THIRUVANANTHAPURAM] .................... PETITIONER: ------------------- ANJANA S.NATH, W/O. SUNIL S.NATH, AGED 48 YEARS, 1-H, SARASWATHY NILAYAM, TC NO.9/138(29), JAWAHAR NAGAR, THIRUVANANTHAPURAM-695 041. BY ADVS. SRI.D.SAJEEV, SMT.LIGEY ANTONY. RESPONDENTS: ------------------------ 1. STATE BANK OF TRAVANCORE, KOWDIAR BRANCH, AQUACHAMBERS, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2. SURESH JANARDHANAN NAIR, 21, HAMPTEN COURT, 125, WODE HOUSE ROAD, MUMBAI-400 005. 3. LT.COL.RAMESH K.J.NAIR, 41-H, PTP NAGAR, THIRUVANANTHAPURAM-695 036. 4. VIJAYA H.NAIR, 6-AB, NIKUNJAM-HARMONY, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 510. R1 BY SRI. R.S. KALKURA, S.C. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3726/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : TRUE PHOTO COPY OF THE REGISTERED WILL BEARING NO.136/2009 DTD.6.4.09 EXECUTED BY BINODH J.NAIR. EXT.P2 : TRUE COPY OF THE PETITION FOR SUCCESSION CERTIFICATE FILED BEFORE THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXT.P3 : TRUE COPY OF THE IA NO.4982/2011 FILED IN OP(SUCC)NO.28/2011 OF THE 1ST ADDL.SUB COURT, THIRUVANANTHAPURAM. EXT.P4 : TRUE COPY OF THE ORDER DTD.7.9.2011 IN IA NO.4982/2011 IN OP(SUCC)NO.28/2011. EXT.P5 : TRUE COPY OF THE PETITION FILED AS IA NO.6647/2011 TO IMPLEAD THE PETITIONER AS ADDL.6TH RESPONDENT IN OP(SUCC)NO.28/2011. EXT.P6 : TRUE COPY OF THE PETITION FILED AS IA NO.6648/2011 IN OP(SUCC) NO.28/2011 ON THE FILE OF THE 1ST ADDL. SUB COURT, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3726 of 2011 ==================================== Dated this the 17th day of November, 2011 J U D G M E N T This Original Petition is for a direction for early disposal of O.P(Succ.) No.28 of 2011 of the court of learned Additional Sub Judge, Thiruvananthapuram and Ext.P6, application filed by petitioner for release of the amount. Petitioner claims to be the legatee under Will No.136 of 2005 (allegedly) executed by Vinod J.Nair bequeathing the Fixed Deposits in question and certain other property in favour of petitioner. While so, respondents 2 and 3 filed O.P(Succ.) No.28 of 2011 claiming 1/3rd right in the property of Vinod J.Nair and Ext.P3, order of injunction was issued to bankers not to disburse the amount in deposit. Petitioner got impleaded as additional 6th respondent in O.P(Succ.) No.28 of 2011 claiming absolute right over the deposits as per the above said Will. Petitioner also filed Ext.P6, application for release of the amount to her. Petitioner has sought a direction to the learned Sub Judge to dispose of those proceedings within a time frame. 2. Since it involves proof of Will and possible dispute regarding its execution and consequential recording of evidence O.P(C) No.3726 of 2011 -: 2 :- might arise, there could not be any direction for time bound disposal of the proceedings. It is open to the petitioner to request learned Sub Judge to expedite the proceeding having regard to her grievance. If any such request is made learned Sub Judge shall consider the same and pass appropriate orders. Original Petition is closed as above. THOMAS P. JOSEPH, JUDGE. vsv