IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27609 of 2010(O)
1. SUDHAKARAN, AGED 55 YEARS,
... Petitioner
Vs
1. SANTHAKUMARI, AGED 67 YEARS,
... Respondent
2. K.K.CHELLAMMA, AGED 90 YEARS, OF DO.
3. C.LEELABHAI, AGED 72 YEARS, OF DO.
4. P.SASIDHARAN, AGED 62 YEARS,
5. P.RAVEENDRANATH, AGED 67 YEARS,
6. C.REMA DEVI, QUARTER NO.D7, J.P.COLONY,
For Petitioner :SRI.R.SANTHOSH BABU
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :08/09/2010
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) No.27609 of 2010
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Dated this the 08th day of September, 2010
J U D G M E N T
Defendant No.3 in O.S.No.330 of 2003 of the court of learned
Munsiff, Thalassery is the petitioner before me. Preliminary
judgment and decree for partition were passed observing in
paragraph six of the judgment that possession of petitioner over
portion of the property (where he is said to have constructed a
building) is to be protected to the extent possible while effecting
partition by metes and bounds. Grievance of petitioner is that
Advocate Commissioner while preparing Ext.P2, report and plan
has disregarded that direction. Petitioner filed Ext.P3, objection to
the report and plan on 17.07.2008 requesting the learned
Munsiff to set aside Ext.P2, report and plan. But without
considering the objection learned Munsiff is about to pass a final
decree. Petitioner seeks a direction to the learned Munsiff to
consider Ext.P3, objection.
2. If petitioner has preferred an objection to Ext.P2, report
and plan there is no reason to think that learned Munsiff will
W.P(C) No.27609 of 2010
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disregard the objection and pass a final decree. It will be open to
petitioner to urge the objection before the learned Munsiff.
With the above observation, this Writ Petition is closed.
THOMAS P. JOSEPH, JUDGE.
vsv