IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 27652 of 2007(P) ------------------------------------ OS.1189/1997 of PRINCIPAL MUNSIFF COURT,TRIVANDRUM .................... PETITIONER: ------------------ A.ROBERT, S/O.G.ALLIAS, RESIDING AT THOPPIL HOUSE, ARIYANNOORKONAM, KURUSSADI, NALANCHIRA, THIRUVANANTHAPURAM. BY ADV. MR.V.CHITAMBARESH, ADV. MR..T.C.SURESH MENON MR.JIBU P THOMAS MR.P.S.APPU RESPONDENTS: ----------------------- 1. VASANTHAKUMARI. 2. SMITHEESH (MINOR). 3. SMIJEETH (MINOR). (MINOR RESPONDENTS 2 AND 3 REPRESENTED BY THEIR GUARDIAN MOTHER THE 1ST RESPONDENT HEREIN). ALL ARE RESIDING AT THOPPIL HOUSE, KUTTATHUVILA, CONVENT ROAD, NALANCHIRA, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. MR.K.B.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON 03/02/2009 DELIVERED THE FOLLOWING: WP (C) 27652 of 2007 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE JUDGMENT IN O.S. No.1189/1997 ON THE FILE OF THE COURT OF THE PRINCIPAL MUNSIFF, THIRUVANANTHAPURAM DATED : 25.2.1999 EXT.P2 : TRUE COPY OF THE DECREE IN A.S. No. 23/2000 ON THE FILE OF THE COURT OF THE THIRD ADDITIONAL DISTRICT JUDGE, THIRUVANAN- THAPURAM DATED 12.4.2006 EXT.P3 : TRUE COPY OF THE PRELIMINARY REPORT OF THE ADVOCATE COMMISSIONER DATED 18.3.2005 EXT.P4 : TRUE COPY OF THE FINAL REPORT OF THE ADVOCATE COMMISSIONER DATED 3.4.2007 EXT.P5 : TRUE COPY OF THE ORDER IN I.A. No.3984/2007 IN O.S. NO. 1189/1997 ON THE FILE OF THE COURT OF THE PRINCIPAL MUNSIFF, THIRUVANANTHAPURAM DATED 16.8.2007 RESPONDENT'S EXHIBITS : NIL / True copy / P.A. To Judge HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 27652 OF 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of February, 2009 JUDGMENT The petitioner herein is the plaintiff in O.S.1189/1997 on the file of the Court of Principal Munsiff, Trivandrum. The defendants in the suit are legal hires of his only brother. The writ petition is filed for set aside Ext.P5 order and consequential reliefs. The extent of the property included in the plaint is 1.850 cents. A preliminary decree was passed allotting ½ share each to the plaintiff and defendants. In the final decree proceedings an Advocate Commissioner was deputed to divided the property into two and for separate allotment. Ext.P4 is the report. But the defendants/respondents filed an application as I.A. 3984/2004 seeking permission to purchase the share of the petitioner. This application was opposed by the petitioner. The court in Ext.P5 order held that 'the only remedy available is that the entire property should be alloted to one person and the other party should be compensated'. This order is under challenge. 2. The matter was taken up for final hearing. The parties made certain suggestions. It is submitted by the parties that the court below may conduct auction between sharers and allot property to the highest bidder. The other options are open, if first direction does not WPC 27652 of 2007 : 2 : fortify. Hence, Ext.P5 order is set aside. The court below shall reconsider the matter in the light of the above observations. The matter shall be reconsidered and order shall be passed within a period of 4 months from today. The writ petition is disposed of accordingly (HARUN-UL-RASHID, JUDGE) KMD