IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9069 of 2010(O)
1. SOPHIAMMA JOSEPH,AGED 61 YEARS,W/O.MAJOR
... Petitioner
Vs
1. PHILOMINA CHACKO,AGED 84 YEARS,
... Respondent
2. SILVIAMMA RAJI,AGED 56 YEARS,
3. SIBIKUTTY,W/O.THOMAS,AGED 51 YEARS,FROM
4. SINDHIAMMA GEORGE,AGED 61 YEARS
For Petitioner :SRI.P.K.MURALEEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :18/03/2010
O R D E R
P. BHAVADASAN, J.
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W.P.(C) No. 9069 of 2010
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Dated this the 18th day of March, 2010
JUDGMENT
Limited prayer in this writ petition is for a direction to
the Sub Court, Kottarakkara to take up A.S. No.25 of 2008
pending before that court and dispose of the same within a
time frame.
2. Petitioner was the plaintiff in O.S. No.145 of 2005,
a suit for partition. The suit was decreed. Against the
judgment and decree the respondents/defendants filed an
appeal before the Sub Court, Kottarakkara as A.S. No.25 of
2008. The grievance of the petitioner is that due to the
pendency of the appeal, she has suffered irreparable injury
and hardship. It is pointed out that the respondents have
unnecessarily dragged on the suit under some pretext or
other. She, therefore, seeks a direction to the Sub Court,
Kottarakkara to dispose of the appeal within a specified
time.
W.P.(C) No. 9069/2010 2
3. In the light of the order that is sought to be
passed, notice to the respondents is not necessary.
4. Limited prayer is to dispose of the appeal at the
earliest. The Sub Court, Kottarakkara is a heavy court. The
petitioner, being a senior citizen, will have to be given
preference.
5. Therefore, there will be a direction to the Sub
Court, Kottarakkara to take up A.S. No.25 of 2008 at the
earliest and dispose of the same within six months from the
date of receipt of a copy of this judgment.
P.BHAVADASAN, JUDGE.
mn.