IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26450 of 2008(W) -------------------------- AGAINST THE ORDER IN IA. 2528 /2006 IN OS.20/1987 of SUB COURT,KOTTAYAM .................... PETITIONER: ------------ THANKAMMA THOMAS, W/O.LATE V.E.THOMAS, PALLIVATHUKKAL, H.NO.32/1825, PALARIVATTOM, COCHIN-682 025. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ----------------- C.J.AUGUSTINE, S/O.LATE OUSEPH OUSEPH CHERIYAMALAYIL HOUSE, AMBIKA MARKET P.O., VECHOOR, VAIKOK TALUK, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.26450 of 2008 ------------------------------- Dated this the 2nd September, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India, for a direction to Sub Court, Kottayam, to dispose the final decree application, I.A.No.2528 of 2006 in O.S.No.20 of 1987, pending before that Court, contending that petitioner, the plaintiff, is aged more than 70 years and she may be allowed to enjoy the fruits of decree before her death. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel for the petitioner submitted that though learned Sub Judge appointed a commission, Commissioner has not so far submitted a report. In such circumstances, there cannot be a direction to dispose the final decree within a time frame. But considering the fact that suit was filed in 1987 and final decree is yet to be passed, Sub Court, W.P.(C) No.26450 of 2008 2 Kottayam, is directed to see that final decree application is disposed, as expeditiously as possible. Learned Sub Judge, Kottayam, to issue necessary direction to the Commissioner to expedite the work. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.