IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27407 of 2007(K)
1. RAHMATH P.K., W/O. ABDUL KAREEM,
... Petitioner
2. V. KUNHEEBI, W/O. POCKER,
3. V. RASIYA, W/O. MUHAMMED KHASIM,
4. FATHIMA P.K., W/O.ABDURAHIMAN,
5. NOUFIRA P.K., W/O. ABDUL NAZEER,
Vs
1. AMINA P.K., W/O. KUNHIBAVA,
... Respondent
2. V. MUHAMMED IQBAL, S/O.V.POCKER,
3. HAJIRA P.K., W/O.D.V.MUHAMMED RAFI,
For Petitioner :SRI.B.KRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/09/2007
O R D E R
M.N.Krishnan, J.
========================
W.P(C).No.27407 of 2007
========================
Dated this the 14th day of September, 2007.
JUDGMENT
This Writ Petition is filed seeking a direction to the
Subordinate Judge, Kozhikode to dispose of the final decree
proceedings, that is, I.A.No.1844 of 2006 in O.S.No.333 of 2003.
A preliminary decree for partition has been passed and I am
informed that a petition is filed by one of the sharers for
appointment of a receiver, who is having 7 out of 64 shares. The
court below had appointed a Commissioner, but directed the
Commissioner to inspect the property only on receipt of further
orders from the court. The said order was passed on 22.3.2007.
2. The appointment of a receiver and passing of final decree
are independent proceedings and what is to be done in a final
decree is to appoint a Commissioner to inspect the property and
divide the property by metes and bounds taking into convenience
of the parties, get a report and pass a final decree after hearing
WP(C) 27407/07 -: 2 :-
all the parties. So far as the application for appointment of
receiver is concerned, it is done when it is just convenient under
Order 40 of Code of Civil Procedure and when there is scramble
for possession. The preliminary decree would have provided for
mesne profits from the person, who is in possession of the
property and it has also to be taken into consideration while
appointing a receiver during the pendency of the proceedings.
3. Whatever it may be, the court cannot unnecessarily
postpone the inspection of the property by the Commissioner and
therefore I direct the learned Subordinate Judge, Kozhikode to
proceed further in I.A.No.1844 of 2006 by issuing necessary
orders and try to dispose of the matter as expeditiously as
possible.
Writ Petition is disposed of as above.
M.N.Krishnan,
Judge.
ess 15/9