High Court Kerala High Court

Bharathi vs Vasanthi on 29 October, 2009

Kerala High Court
Bharathi vs Vasanthi on 29 October, 2009
       

  

  

 
 
  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