IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 33168 of 2009(O) -------------------------- AS.1190/2009 of ADDL. DISTRICT COURT-II, MAVELIKKARA .................... PETITIONER(S): --------------- AIZHA SALAHUDEEN, AGED 46 YEARS, W/O.SALAHUDEEN, PEACE COTTAGE, VETTUVENI MURI, KARTHIKAPALLY. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- SAFARA BEEVI, AGED 51 YEARS, W/O.ABDUL KHADER KUNJU, PALLATHERIL THEKKATHIL, CHINGOLI MURI, CHINGOLI VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.33168 OF 2009 -------------------------------- Dated this the 3rd day of December 2009 ---------------------------------------------------------- JUDGMENT Petitioner is the decree holder/plaintiff in O.S No.231 of 1999 on the file of Munsiff Court, Haripad. Suit was one for specific performance of a contract over the plaint schedule property. Suit was decreed in favour of the plaintiff. Pursuant to the decree, on receipt of the balance sale consideration, a sale deed was executed in favour of the decree holder. When he proceeded for delivery of the property, that being obstructed to by a stranger, an application was filed for removal of that obstruction. The learned Munsiff after conducting inquiry allowed that application. That order has been challenged by the respondent/obstructer filing an appeal as A.S No. 1190 of 2009 before the Additional District Court II, Mavelikkara. The limited relief canvassed by the petitioner in the writ petition is for issue of a writ/direction/order to the Additional District Judge before whom the appeal is pending for its expeditious disposal. W.P.(C).No.33168 OF 2009 Page numbers 2. Having regard to the relief canvassed, a report was called for from the learned District Judge. It is reported that service is complete and that the appeal can be disposed of at an early date. Considering the submissions made and taking note of the report, the learned Additional District Judge is directed to hear and dispose the appeal as expeditiously as possible at any rate before the closing of the courts for mid summer vacation in 2010. Subject to the above observations, the writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE