IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25128 of 2009(O)
1. THEZHATHUVEETTIL SARALA,
... Petitioner
2. KANANGOTHU SARASU,
3. ELAYADATH AMMALUKUTTY @ DEVI,
4. SIVADASAN, AGED 50 YEARS,
Vs
1. RATNAKARAN, AGED 46 YEARS,
... Respondent
2. RAVEENDRAN, AGED 50 YEARS,
3. RAJAN, AGED 44 YEARS, DO.DO.
4. RATHEESAN, AGED 42 YEARS,
5. SHAJI, AGED 33 YEARS,
6. RAGHU, AGED 52 YEARS,
7. RAMESHAN, AGED 46 YEARS,
8. ANEESHAN, AGED 39 YEARS,
9. KAMALA, AGED 60 YEARS,
For Petitioner :SRI.R.K.MURALEEDHARAN
For Respondent :SRI.JESWIN P.VARGHESE
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :01/10/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).NO.25128 OF 2009 (O)
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Dated this the 1st day of October, 2009
J U D G M E N T
Petitioners are the appellants in A.S.No.52 of 2007 on
the file of the Wakf Tribunal & Additional District Court,
Kozhikode. The appellants are the defendants 8 to 11 in
O.S.No.155 of 2005 on the file of the Sub Court, Kozhikode.
Plaintiff in the suit has filed another appeal from the decision
rendered in the same suit and that appeal, numbered as
A.S.No.5 of 2006, is also pending before the very same court.
The writ petition has been filed by the appellants in A.S.No.52
of 2007 for an early hearing and disposal of that appeal, and
till then, to restrain the 9th respondent from alienating ‘B’
schedule property in the plaint. A report from the learned
District Judge was called for as to whether the appeals are
ripe for hearing and disposal. It is reported that the appeals
can be disposed of within a short period after hearing both
sides. The respondents have also entered appearance through
WPC.25128/2009 2
a counsel, and it is submitted, both the appeals have been
taken up for hearing and the arguments of the appellants in
A.S.No.52 of 2007, the present petitioners are over, and the
appeals are adjourned for hearing the arguments of the
respondents. Taking note of the submissions made above, and
considering the facts and circumstances presented, I direct
the learned District Judge to hear and dispose the appeals as
expeditiously as possible, at any rate, within two months from
the date of receipt of a copy of this judgment. Meanwhile, till
the disposal of the appeals, the 9th respondent in A.S.No.52 of
2007 shall not encumber or alienate the plaint ‘B’ schedule
property. The order shall remain to be in force only till the
disposal of the appeal. Writ petition is disposed of with the
above direction.
S.S.SATHEESACHANDRAN
JUDGE
prp