The learned counsel appearing for the petitioners submits that O.S. No. 429/2007 was dismissed on the ground of principle of res judicata by virtue of decisions in the earlier suits.
2. The petitioner pointed out that the respondents have filed an appeal before the Sub Court, Cherthala as A.S.33/2014. The appeal has been taken on file after condoning the delay. The petitioners pointed out that there have been several litigations prior to this in respect of the same subject matter and the issues have been settled for ever. It was accepting the decisions in the earlier suits that the trial court dismissed the suit on the principle of res judicata, from which the appeal A.S.No.33/2014 arises.
3. The petitioner pointed out that he is advanced in age and he would like to see the culmination of the proceedings as early as possible. Even though the
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petitioners have filed an advance petition in the court below, the petitioners apprehend that the court below may not be inclined to take up the matter since older matters are pending. It was under these circumstances, petitioners have approached this Court for a direction for speedy disposal of the appeal.
After having given anxious consideration into various aspects, especially in the light of the submission made by the learned counsel for the petitioners that the suit was dismissed on the ground of principle of res judicata and there were earlier litigations in respect of the same subject matter which culminated in favour of the petitioners, it is only appropriate to direct the court below to take up A.S. No. 33/2014 as early as possible and to dispose it of as expeditiously as possible at any rate, within a period of six months from the date of receipt of copy of this Order.
P.BHAVADASAN JUDGE ds