IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(C) NO. 687 OF 2025 IA 1/2025 IN AS NO.25 OF 2025 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD ARISING OUT OF THE ORDER DATED 26.06.2024 IN FDIA 144/2021 IN OS NO.130 OF 2009 OF MUNSIFF COURT, ALATHUR PETITIONER/PETITIONER/APPELLANT: KUNCHU AGED 81 YEARS S/O.CHATHU, KURUTHIKKOTTIL, TARUR, ALATHUR, PALAKKAD, PIN - 678544 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/RESPONDENTS/RESPONDENTS: 1 LAKSHMI AGED 84 YEARS W/O.KRISHNAN, PULIKKAL PARAMBU, MUTHALAMCODE, ELANADU, THALAPPILLY, THRISSUR, PIN - 680506 2 THANKAMANI (DIED) XXXXX 3 NANI AGED 86 YEARS W/O.LATE.KRISHNANKUTTY, MELAZHY HOUSE,THOLANUR POST, ALATHUR, PALAKKAD, PIN - 678722 4 SARADA (DIED) XXXX 5 SUBHADRA AGED 75 YEARS W/O.PRABHAKARAN, SUPRABHA, CHEMATTIYAMPADAM, KODUMBU POST, PALAKKAD, PIN - 678007 6 VALSALA AGED 73 YEARS D/O.CHATHU, PULIKKAL PARAMBU, MUTHALAMCODE, ELANADU, THALAPPILLY, THRISSUR, PIN - 680506 OPC 687/2025 -2- 2025:KER:26836 7 KALYANI AGED 80 YEARS W/O.LATE.KOCHUNNI, KORANATHUKALATHIL,THONIPPADAM, VAVULYAPURAM,ALATHUR, PALAKKAD, PIN - 678543 8 . PRASANTH AGED 41 YEARS S/O. LATE.KOCHUNNI, KORANATHUKALATHIL,THONIPPADAM, VAVULYAPURAM,ALATHUR, PALAKKAD, PIN - 678543 9 PREETHA AGED 43 YEARS W/O.SIDHARTHAN, MANGHODU HOUSE, PUTHUNAGARAM POST, CHITTUR TALUK, PALAKKAD, PIN - 678503 10 SREEKALA AGED 42 YEARS W/O.SAJEEV, PRASAD, PATYALA HOUSE, KINASSERY POST, PALAKKAD, PIN - 678701 11 SREEPRIYA AGED 35 YEARS W/O.SUDHAKARAN, MOOCHITHARA VEETTIL,VAVULYAPURAM POST, ALATHUR, PALAKKAD, PIN - 678543 12 MURALIDHARAN AGED 68 YEARS S/O.LATE.THANKAMMA, MULLAMATTAM HOUSE,KARAKUNNU POST, MALAPPURAM, PIN - 676123 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 687/2025 -3- 2025:KER:26836 JUDGMENT (Dated this the 25 th day of March, 2025) The original petition is filed for a direction to the District Court, Palakkad, to take up and dispose of Ext.P1, IA No.01/2025 in AS No.25/2025 within a time frame. The original suit was filed by the 1st respondent for partition. The Trial Court had passed a preliminary decree, against which AS No.40/2011 was filed, which was dismissed subsequently. The Final Decree was passed in the original suit on 26.06.2024. Challenging the final decree, AS No.25/2025 was filed along with a petition to condone the delay of 207 days in preferring the above appeal. 2. The grievance of the petitioner is that since notice is ordered on the delay petition, the final decree is proceeded with and posted for delivery of the property. Therefore, he seeks a direction. 3. A report was called for, and a report dated 21.03.2025 was received from the District Judge, OPC 687/2025 -4- 2025:KER:26836 Palakkad. It is stated in the report that the appeal was filed on 04.03.2025, against the final decree. IA No.1/2025 was filed to condone the delay of 207 days in filing the appeal, and notice was ordered and is posted today, awaiting return of notice. Taking into consideration the fact that the notice is ordered in IA No.1/2025 and if service is complete in the said IA, I direct the District Judge, Palakkad, to take up IA No.1/2025 and dispose of the same after giving the respondents an opportunity to file objection and hearing them, within a period of two months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. Sd/- BASANT BALAJI JUDGE JS OPC 687/2025 -5- 2025:KER:26836 APPENDIX OF OP(C) 687/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE I.A.NO.01/2025 (I.A.NO.527/2025) IN A.S.NO.25/2025 OF THE COURT OF DISTRICT JUDGE, PALAKKAD DATED 02.03.2025 Exhibit P2 TRUE COPY OF THE O.S.NO.130/2009 DATED 26.05.2009 ON THE FILE OF THE COURT OF MUNSIFF AT ALATHUR Exhibit P3 TRUE COPY OF THE ORDER IN FDIA NO.144/2011 IN O.S.NO.130/2009 OF THE COURT OF MUNSIFF AT ALATHUR DATED 26.06.2024