High Court Kerala High Court

Mariya vs Esther on 16 June, 2010

Kerala High Court
Mariya vs Esther on 16 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18683 of 2010(O)


1. MARIYA,
                      ...  Petitioner

                        Vs



1. ESTHER, D/O. ELIZABETH,
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :16/06/2010

 O R D E R
                    THOMAS P JOSEPH, J.

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                      W.P.C.No.18683 of 2010

                   ---------------------------------------

                 Dated this 16th day of June, 2010

                             JUDGMENT

Petitioner, a senior citizen aged about 70 years is one of the

respondents in A.S.No.142 of 2008 of the court of learned Sub

Judge, Kottarakkara. The suit by the respondent herein,

O.S.No.175 of 2007 for decree of prohibitory injunction was

dismissed in favour of the petitioner and others. Respondent

preferred the appeal challenging judgment and decree. Grievance

of petitioner is that the appeal is not being disposed of. Learned

counsel states that as per O.M.No.R.13/99/SS dated 02-06-1999

issued by this court cases involving senior citizens are to be given

top priority in the matter of disposal.

2. Even the averments in the petition would indicate that

there are sessions cases and other matters pending in the court of

learned Sub Judge. Without understanding the volume of work and

the urgency of other matters pending for disposal I do not consider

it proper to direct disposal of the appeal with any time limit. But

petitioner can urge his grievance before learned Sub Judge and

request for an early disposal of the appeal. If any such request is

made learned Sub Judge will consider that request on the facts and

W.P.C.No.18683 OF 2010
: 2 :

circumstances of the case and in the light of O.M referred and pass

appropriate orders.

The writ petition is disposed of accordingly.

(THOMAS P JOSEPH, JUDGE)

Sbna/-