Sad is the plight of the litigant who has approached this Court with a grievance that after having obtained a decree, he has been waiting for a long time to enjoy the fruits of the decree only due to the lethargy on the part of the court. 2. In the suit namely, O.S.No.262/1980 of Sub Court, Palakkad, final decree was passed. The petitioner claims to have obtained shares of certain persons and it is pointed out that with respect to the two items of property of which delivery is sought, now the 5th respondent is raising objections. He would say that the objections are untenable and he has filed Ext.P2 petition for effecting delivery and that was filed as early as on 21.02.2011. He is still awaiting orders on that petition.
3. The petitioner prays that there may be a direction to the court below to take up Ext.P2 petition and dispose of it on merits as early as possible.
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4. It is a sad state of affairs. This Court is told that the petition for effecting delivery is still pending. It is not a happy scenario. The only prayer in Ext.P2 petition is for providing police aid for delivery. This Court is given to understand that no counter affidavit has been filed in that petition so far. But, the matter is getting adjourned from time to time without passing any orders.
5. In the light of the above circumstance, it is felt that the relief needs to be granted to the petitioner.
The petition is allowed. The Sub Court, Palakkad is directed to take up E.A.No.150/2011 and dispose of it as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE smp