IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30783 of 2009(O)
1. BHARATHI, AGED 62 YEARS, W/O.VALSAN,
... Petitioner
Vs
1. VASANTHI, AGED 59 YEARS,
... Respondent
2. NAYANA, AGED 60 YEARS,
For Petitioner :SRI.PAUL K.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/10/2009
O R D E R
V. RAMKUMAR, J.
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W.P.(C).No.30783 of 2009
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Dated this the 29th day of October, 2009
JUDGMENT
The petitioner, who is a senior citizen and a widow, is
the defendant in O.S.180 of 2008 on the file of the Munsiff’s
Court, Chavakkad. The said suit is one for partition.
2. The grievance of the petitioner is that even though
the suit is ripe for disposal, the suit is not being listed for
trial.
3. It may be the pressure of work of the learned
Munsiff which might have stood in the way of an early
disposal of the suit. But, having regard to the fact that the
petitioner is a widow and a senior citizen, the learned
Munsiff shall make an earnest endeavour to list the suit for
trial so that the petitioner could, if eligible, reap the fruits
of the decree which might be passed during her life time
itself. Accordingly, this writ petition is disposed of directing
the learned Munsiff, Chavakkad to list O.S.No.180 of 2008
W.P.(c).No.30783 of 2009
2
for trial within six months of receipt of a copy of this
judgment and dispose of the suit within a reasonable time
thereafter. In case that court is not able to adhere to the
above time limit, the learned Munsiff shall send a report to
this Court through proper channel explaining the reason as
to why the above time limit could not be adhere to.
Dated this the 29th day of October, 2009.
V. RAMKUMAR, JUDGE
sj