IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 OP(C).No. 2715 of 2011(O) -------------------------------------- AS.104/2009 OF PRINCIPAL DISTRICT COURT, THALASSERY OS.73/1949 OF ADDITIONAL SUB COURT, THALASSERY .................... PETITIONER/RESPONDENT NO.100 IN APPEAL SUIT ---------------------------------------------------------------------------- T.P. NAHEEM, S/O.LATE ISMAIL, AGED 35 YEARS, RESIDING AT 'SHAREEFAS', PUZHATHI, CHIRAKKAL P.O., - 670 011, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS/APPELLANTS -------------------------------------------- 1. K.P. SUHARABI, AGED 67 YEARS, NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 2. K.P. UMMERKUNHI, S/O.SAFIA, AGED 65 YEARS, RETIRED TEACHER, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 3. T.P.KUNHAMINA, D/O.SAFIA, AGED 60 YEARS, NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 4. M.P. HAMEED, AGED 70 YEARS, HUSBAND OF LATE NABEESU, NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 5. K.P. RASIYA, D/O.HAMEED, AGED 42 YEARS, NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 6. K.P. SABIRA, D/O.HAMEED, AGED 40 YEARS, NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. OP(C).No. 2715 of 2011(O) 7. K.P. MUNEER, S/O.HAMEED, AGED 37 YEARS, BUSINESS, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 8. K.P. SHAFFI, S/O.HAMEED, AGED 35 YEARS CLERK, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 9. K.P. SAMEERA, D/O.HAMEED, AGED 32 YEARS NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. 10. K.P. SUHAIBA, D/O.HAMEED, AGED 29 YEARS NO OCCUPATION, RESIDING AT AZHIKODE AMSOM DESOM, KANNUR TALUK. PIN – 670 009. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 2715 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMON JUDGMENT DATED 22/07/2003 IN A.S. NO.2 OF 1999 AND A.S. NO.6 OF 1999 ON THE FILE OF THE ADDITIONAL DISTRICT COURT, THALASSERY. EXT.P2: COPY OF THE MEMORANDUM OF APPEAL IN A.S. NO.104 OF 2009 ON THE FILE OF THE PRINCIPAL DISTRICT COURT, THALASSERY. EXT.P3: COPY OF THE JUDGMENT IN WP(C) NO. 18291 OF 2010 DATED 14/06/2010 ON THE FILE OF HIGH COURT OF KERALA. EXT.P4: COPY OF THE ORDER IN I.A. NO.1726 OF 2009 IN A.S. NO.104 OF 2009 ON THE FILE OF THE PRINCIPAL DISTRICT COURT, THALASSERY. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2715 of 2011 --------------------------------------- Dated this 17th day of August, 2011 JUDGMENT In a suit for partition instituted in the Court of learned Additional Sub Judge, Thalassery in the year 1949 as O.S.No.73, a final decree was passed on 30.05.1998 but, in appeal that was set aside and the case was remanded to the trial court. After remand, a fresh final decree was passed on 18.12.2008 which is under challenge before the learned District Judge, Thalasserly in A.S.No.104 of 2009. Grievance of petitioner is that the appeal has not been disposed of so far though, it was heard quite some time back. Learned counsel reminds me that in Ext.P3, judgment dated 14.06.2010 in W.P(C).No.18291 of 2010 this Court had directed learned District Judge, Thalassery to dispose of the appeal and the application for stay as early as possible. Learned counsel submits that application for stay has already been disposed of but the appeal remains. It is pointed out by learned counsel that by death or otherwise, the number of parties involved in the suit is multiplying. 2. Having heard learned counsel, I am inclined to direct the learned District Judge to dispose of the appeal as early as O.P(C).No.2715 of 2011 -: 2 :- possible. Resultantly this original petition is disposed of directing learned District Judge, Thalassery to dispose of A.S.No.104 of 2009 (if the steps are over and there is no legal impediment in doing so) as early as possible bearing in mind the circumstances stated above and the direction already made in the judgment in W.P(C).No.18291 of 2010. (THOMAS P JOSEPH, JUDGE) Sbna/-