IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4320 of 2010(O)
1. SURESH BABU, AGED 55 YEARS,
... Petitioner
Vs
1. GEETHA SANTHOSH, W/O.SANTHOSH,
... Respondent
For Petitioner :SRI.A.X.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/02/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.4320 of 2010
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Dated this the 10th day of February, 2010
JUDGMENT
The writ petitioner is the judgment debtor in a suit (for
partition of 10 cents of land) instituted by the respondent
who is none other that the sister of the petitioner. The suit
was filed in the year 2006. The preliminary decree passed
by the Munsiff’s Court, Kochi in O.S.No.165 of 2006 has
become final. The final decree was challenged and fought
up to this Court and this Court confirmed the final decree in
R.S.A.No.1026/2009. As per the final decree the southern
portion admeasuring 2= cents was allotted to the
respondent/plaintiff and the northern portion admeasuring
7= cents was allotted to the petitioner. The respective
portions were delivered over to the parties as well.
Thereafter, the petitioner filed E.A.No.26 of 2010 under
Section 47 read with Section 151 C.P.C seeking re-delivery
of the portion allotted to his sister (the respondent herein).
He also took out a Commission which was actually
W.P.(c)No.4320 of 2010
2
unnecessary. The court below as per Ext.P6 order dated
28.01.2006 dismissed the application for re-delivery. As
rightly observed by the court below, since the final decree
was confirmed by this Court in R.S.A No.1026 of 2009 on
19.10.2009, the petitioner could not have sought a re-
allocation of the property by filing the present application.
In fact the property was delivered to the decree-
holder/plaintiff on 24.09.2009 and it was thereafter that this
Court confirmed the decree on 19.10.09. The cupid eyes of
the petitioner fell on the improvements, the water tank etc.
in the 2= cents allotted to the respondent/plaintiff and that
is the reason which tempted him to file the application
which was rightly dismissed by the court below.
I do not find any good ground to interfere with Ext.P6
order passed by the Munsiff’s Court, Kochi. This writ
petition is accordingly dismissed.
Dated this the 10th day of February, 2010.
V. RAMKUMAR, JUDGE
sj