IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23662 of 2007(P)
1. B.RADHA BAI, T.C.25/1056, SREEMOOLAM
... Petitioner
2. E.INDIRA BAI, T.C.25/1055, SREEMOOLAM
Vs
1. K.SUKUMARAN NAIR,SREEVIHAR,SAHODARA
... Respondent
2. K.KUMARAN NAIR, T.C.20/1307,KMRA-49,
3. K.SUKUMARAN NAIR, T.C.25/1056,
4. SUKUMARAN THAMPI, T.C. 25/1055,
5. MANOHARA KUMARI,
6. MANOJKUMAR, S/O. K.KARTHIKEYAN NAIR,
7. MANJULA, D/O. LATE K.K.KARTHIKEYAN NAIR
8. K. KARTHIKEYAN NAIR,
For Petitioner :SRI.R.S.KALKURA
For Respondent :SRI.P.KESAVAN NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/11/2007
O R D E R
M.N.Krishnan, J.
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W.P(C).No.23662 of 2007
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Dated this the 7th day of November, 2007.
JUDGMENT
This Writ Petition is filed for a direction to the First
Additional Sub Court, Thiruvananthapuram to pass a final decree
in O.S.No.284 of 1987 and also to issue a writ of certiorari to
quash Ext.P12. As per Ext.P12, the court below appointed a
Commissioner to conduct the maintenance. Learned counsel
appearing for both sides submitted before me that the final
decree Commissioner has almost completed his work and there
can be a direction to dispose of the final decree application itself
and till that time, Ext.P12 order may be kept in abeyance.
Though service is not complete in this Writ Petition, in the light of
the submissions which I also feel is correct and reasonable, I am
not posting the matter for further steps in the case and dispose
of the Writ Petition as follows:
(1) Learned First Additional Sub Judge,
Thiruvananthapuram is directed to dispose of the final decree
WP(C) 23662/07 -: 2 :-
application in O.S.No.284 of 1987 as expeditiously as possible,
within a period of three months from today after giving sufficient
opportunity to the parties to adduce evidence or file objection to
the Commissioner’s report as the case may be, after it is being
filed.
(2) Till the final decree application is considered and orders
passed, the order passed under Ext.P12 may be kept in
abeyance.
M.N.Krishnan,
Judge.
ess 7/11
