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Davis vs Grassy on 7 February, 2011

Kerala High Court
Davis vs Grassy on 7 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 301 of 2000(A)



1. DAVIS
                      ...  Petitioner

                        Vs

1. GRASSY
                       ...       Respondent

                For Petitioner  :SMT.V.P.SEEMANDINI (SR.)

                For Respondent  :SRI.LIJOY P.VARGHESE(PARTY IN PERSON)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :07/02/2011

 O R D E R
                     M.N. KRISHNAN, J.
                = = = = = = = = = = = = = = =
                  A.S. NO. 301 OF 2000 &
                       Cross Appeal
                = = = = = = = = = = = = = = =
          Dated this the 7th day of February , 2011.

                      J U D G M E N T

This appeal is preferred against the

judgment and decree passed by the Subordinate

Judge, Irinjalakuda in O.S.212/94 by defendants

1 and 3. During the pendency of the appeal the

parties have compromised the matter and has

filed I.A.438/11. So in the light of the

compromise it has become necessary to pass a

revised preliminary decree for partition as

follows and also making the subject matter

available for a final decree.

2. There are two schedules of property

described as A and B. As per the total extent, A

schedule property is 2.15 acres and that of B

schedule is 72 cents. A schedule property is

A.S. NO. 301 OF 2000 &
Cross Appeal
-2-

divided into 2 equal halves and as per the terms

and conditions one acre and 7.5 cents marked as

‘X’ in Sy.No.483/Kottanlloor village is set

apart and allotted to petitioners 3 to 8 in the

petition who are respondents 1 to 6 in the

appeal and the plaintiffs jointly and ‘X’. The

other half i.e. the eastern half having an

extent of one acre and 7.5 cents marked as Y in

Sy.No.483/Kottanlloor village is set apart to

the share of petitioners 1 and 2 and 9 in the

petition who are the appellants and the 7th

respondent in the appeal.

3. So far as the B schedule property is

concerned out of the B schedule an extent of

8.5. cents marked as ‘Z’ in Sy.No.484/2 having a

length of 80.9 mtrs. and width of 4.2. mtrs.

starting from the Panchayath road on the west

and passing through the southern extremity of

A.S. NO. 301 OF 2000 &
Cross Appeal
-3-

the property in Sy.No.484/2 of the Kottanlloor

village and reaching the northern side of the

properties marked as ‘X’ and ‘Y’ is set apart

and allotted to the appellants and respondents

in the suit for their access to ‘X’ and ‘Y’.

The balance extent of the property in B schedule

i.e. minus ‘Z’ portion is set apart and allotted

to the petitioners 1, 2 and 9 in the petition,

i.e. the appellants and the 7th respondent

jointly. The parties also agreed that while

putting up the boundary or defence they shall

ensure that the road portion marked as ‘Z’

mentioned above is having a clear width of 14

feet for its entire length. It is also agreed

between the parties that no party shall put up

any construction or improvement on the road.

4. So a revised preliminary decree is

passed and the allotment is also there with

A.S. NO. 301 OF 2000 &
Cross Appeal
-4-

respect to the properties as detailed in the

compromise petition but the parties have to move

a formal application for passing a final decree

for partition so as to engross it on the stamp

paper for which the parties may have to furnish

the valuation of the property as well. The

compromise petition is recorded and the

compromise petition and the sketch shall form

part of the revised preliminary decree.

The appeal as well as the cross appeal are

disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-

A.S. NO. 301 OF 2000 &
Cross Appeal
-5-

M.N. KRISHNAN, J.

= = = = = = = = = =
A.S. NO. 301 OF 2000 &
Cross Appeal
= = = = = = = = = = =

J U D G M E N T

7th February, 2011.

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