IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25248 of 2008(E)
1. SIMON, AGED 77, S/O.CHELLAYYAN NADAR,
... Petitioner
Vs
1. STEPHEN, AGED 76,
... Respondent
2. SURESH STEPHEN, AGED 33,
3. TITUS, AGED 65,
4. ANIL TITUS, AGED 36,
5. ALEX PAUL, AGED 31,
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
WP(C).No. 25248 OF 2008
............................................
DATED THIS THE 21st DAY OF AUGUST, 2008
JUDGMENT
This petition is filed under Article 227 of Constitution of
India for a direction to Sub Court, Neyyattinkara to take a
decision in Ext.P3 and also for a direction for expeditious
disposal of A.S.31 of 2007. This court cannot direct Sub Court,
Neyyattinkara for an early disposal of a 2007 appeal, when
appeals from 2001 onwards are pending. For the reason that a
litigant can afford to approach this court for a direction, he
cannot be given a preference or a march over the other litigants
who are waiting before the same court for a decision in their
cases. In such circumstances, a direction to Sub Court to dispose
2007 appeal cannot be granted. In view of the pendency of
Ext.P3 petition, Sub Judge is directed to pass appropriate order
in Ext.P3 in accordance with law expeditiously.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-