IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12295 of 2010(O)
1. C.G.BHAVANI D/O KAMALAKSHI AMMA,
... Petitioner
Vs
1. T.N.SURESH S/O LATE K.NATARAJA MENON,
... Respondent
For Petitioner :SRI.C.S.AJITH PRAKASH
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :07/04/2010
O R D E R
P. BHAVADASAN, J
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W.P.(C).No.12295 OF 2010
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Dated this the 7th day of April, 2010
J U D G M E N T
In this writ petition, the petitioner seeks the following
reliefs:
1. To issue a direction or mandamus to the
learned sub judge to issue the certificate of
succession to the petitioner as per the
judgment dated 20.11.2009 before closing of
the court for summer vacation.
2. To issue a direction to the Hon’ble Sub
Court to consider the I.A.2738/2010 and pass
orders before closing of the court for summer
vacation.
2. It is seen that the petitioner had prayed for
issuance of a certificate of succession from Sub Court,
Ernakulam in S.O.P.26/09. All the procedural formalities
have been completed and it is stated that O.P was allowed.
The petitioner remitted the necessary amount as court fee.
In the meanwhile, on 27.3.2010, the petitioner had received
a copy of Ext.P9 application raising objection to the grating
of succession certificate. Aggrieved by the same petitioner
filed a counter affidavit. The court below has posted the
W.P.(c) No.12295/10 2
case after summer vacation.
3. The learned counsel appearing for the petitioner pointed
out that there were several proceedings in which right of the
petitioner in I.A.2738/10 have been found in her favour.
4. It is pointed out that the petitioner is far advanced in age
and she prays that she may be granted the succession certificate.
5. As long as the petition for revocation of the certificate is
pending, it may not be possible for this Court to direct the court
below to issue a certificate. However, considering the various
averments in the petition it is felt that the grievance of the
petitioner is genuine and early disposal of the petition is highly
necessary. Therefore there will be a direction to the court below
to take up the interlocutory application, I.A.2738/10 immediately
after summer vacation and dispose it, as early as possible, at any
rate within three months from the date of reopening of the court
after summer vacation. The petitioner is entitled to do so in law
can move vacation court.
The writ petition is disposed of as above.
P. BHAVADASAN, JUDGE.
Sou.