JUDGMENT

Petitioner is the fifth respondent in A.S.No.38 of 2009 of the Court of learned Sub Judge, Thalassery. That appeal arose from the judgment and decree of learned Munsiff, Kannur dismissing O.S.No.352 of 2007. That is a suit filed by respondents 1 to 3 for a decree for prohibitory injunction. There was also another suit- O.S.No.558 of 2007 for partition which ended in dismissal against which petitioner says, there was no appeal. A.S.No.38 of 2009 was dismissed for default on 27.05.2010. Appellants therein filed I.A.No.1937 of 2010 for restoration. Petitioner states that he is a heart patient aged about 60years and pendancy of the case affects his free enjoyment of the property and hence a direction is prayed for, for disposal of the appeal with the restoration petition.

2. If the steps on I.A.No.1937 of 2010 (for restoration of the appeal) are over, necessarily learned Sub Judge has to expedite its disposal particularly taking into account grievance of petitioner that he is a heart patient aged about 60 years and pendancy of the case affects his free enjoyment of the property.

Resultantly this original petition is disposed of directing learned Sub Judge, Thalassery to dispose o