The limited prayer in this petition filed under Article 227 of the Constitution of India reads as follows: i) Issue an order or direction, directing the Principal Sub Court, Thiruvananthapuram to dispose of O.P (Succession) 8/2014 within a period of three months or the time fixed by this Hon'ble Court.
2. The petitioner is the additional 5th plaintiff in O.S.No.205/2009 on the file of Sub Court, Attingal. The said suit was originally filed by the father of the 5th additional plaintiff namely, Haridasan Pillai for realization of a sum of Rs.30,03,000/- from the respondents and their assets. Late Haridasan Pillai moved this Court for disposal of O.S.No.205/2009 within a time frame fixed by this Court and this Court was inclined to accept the prayer made by late Haridasan Pillai and directed to dispose of the suit within a period of three months from the date of receipt of a copy of that judgment. In O.P.(C) No.2581/2014 2 the meanwhile, Haridasan Pillai died on 23.09.2011 and his legal heirs were impleaded. Later the suit was listed and evidence was completed and after hearing both sides, the court was of the view that unless succession certificate is produced, no decree will be passed. Therefore, the legal heirs of late Haridasan Pillai moved the Principal Sub Court, Thiruvananthapuram by way of O.P. (Succession) No.8/2014.
3. The grievance of the petitioner is that O.P.(Succession) No.8/2014 filed by him is being adjourned from time to time for hearing and that is not being heard at all. The petitioner is put in a precarious position since he is not getting a decree in O.S.No.205/2009 because of the pendency of the petition. Under these circumstances, it is prayed that there may be a direction to dispose of O.P (Succession) No.8/2014 pending before the Principal Sub Court, Thiruvananthapuram.
Considering the above facts and circumstances and also the necessity for expeditious disposal of the O.P, this petition is allowed and the Principal Sub Court, Thiruvananthapuram is directed to take up O.P.(Succession) No.8/2014 and dispose of it O.P.(C) No.2581/2014 3 as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE smp