High Court Kerala High Court

Retnamma vs Padmanabhan on 22 May, 2009

Kerala High Court
Retnamma vs Padmanabhan on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8716 of 2009(O)


1. RETNAMMA, ULLADAMTHARAYIL,
                      ...  Petitioner
2. AMBILY, ULLADAMTHARAYIL,
3. SEEMA, ULLADAMTHARAYIL,
4. RENJITH, ULLADAMTHARAYIL,

                        Vs



1. PADMANABHAN, ULLADAMTHARAYIL,
                       ...       Respondent

2. SARALA, KATTARAKKAL,

3. PRIYA, KATTARAKAL,

4. PRIYAKUMAR, KATTARAKKAL,

                For Petitioner  :SRI.S.SUJIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :22/05/2009

 O R D E R
                   S.S. SATHEESACHANDRAN, J.
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                       W.P.(C) No.8716 of 2009
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                         Dated: 22nd May, 2009

                                JUDGMENT

The above Writ Petition is filed under Article 227 of the

Constitution of India seeking the following relief:

To direct the Hon’ble District Court, Alapuzha to dispose the

Appeals in A.S.No.72/05, A.S.No.122/04, A.S.No.113/04,

A.S.No.114/04 at the earliest and within such time as the Hon’ble

Court may deem just and proper.

Petitioners 4 in number are the respondents in four appeals, namely,

A.S.Nos.72/05, 122/04, 113/04 and 114/04 all pending before the

District Court, Alappuzha. It is submitted, the above appeals have

arisen from common judgment passed in four suits jointly tried.

Appeals are pending from 2004-2005 onwards and despite fervent

prayers made by the respondents to have an early hearing, for one

reason or the other, the appeals are adjourned from time to time is

the submission made seeking an order from this court to direct the

court below to hear and dispose the appeals at the earliest. Notice of

the petition was served on the respondents, but none of them has

entered appearance. Having regard to the submissions made by the

counsel and also the facts and circumstances presented, it appears,

W.P.C.No.8716/09 – 2 –

the grievance canvassed by the petitioners deserve sympathetic

consideration. So much so, there will be a direction to the court

below, the District Court, Alappuzha, to give the appeals top priority

for hearing and at any rate, the appeals have to be disposed within a

time limit of four months from the date of this judgment, affording

reasonable opportunities to both sides to make their submissions in

respect of their respective cases.

The Writ Petition is disposed as above.

srd                           S.S. SATHEESACHANDRAN, JUDGE