IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 CRP.No. 15 of 2010() -------------------- OS.73/2000 of SUB COURT, QUILANDY .................... REVN. PETITIONER(S): DEFENDANTS 1,2,4 & 6 TO 9: ----------------------------------------------------------------------------- 1. T.KESAVAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 66 YEARS, FARMER, EDAKOT HOUSE,P.O.ULLIYERI, ULLIYERI AMSOM, DESOM,KOYILANDY TALUK, KOZHIKODE. 2. T.VASU NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 60 YEARS, FARMER, KATTAPARAMBATH HOUSE, DO. DO. 3. T.KESAVAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 56 YEARS,RETIRED TEACHER,'ISWARYA', ULLIYERI AMSOM, DESOM, KOYILANDY TALUK. 4. T.RAVEENDRAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI,AGED 53 YEARS, P.E.TEACHER,'KRISHNA',POOTHUR,P.O.NANMINDA, KOZHIKODE DISTRICT. 5. T.CHANDRAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 51 YEARS, SWASTHAM,'POURNAMI',ULLIYERI AMSOM,DESOM, KOYILANDY TALUK, DO. DO. 6. T.RAJAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 49 YEARS, CLERK,A.R.MEMORIAL HIGH SCHOOL,CHENDAPORAI, MALAPPURAM DISTRICT. 7. PAVITHRAN NAMBI, S/O.LATE VASU ALIAS KESAVAN NAMBI, AGED 46 YEARS, P.E.TEACHER,ETARIKODE HIGH SCHOOL, NEAR KOTTAKKAL, AYERVEDA COLLEGE, EDARIKODE, MALAPPURAM DISTRICT. BY ADV. MR.SANTHARAM.P Kss ..2/- ..2... CRP.NO.15/2010 RESPONDENT(S): PLAINTIFFS & DEFENDANTS 3,5,10 TO 19: ----------------------------------------------------------------------------------------- 1. SARASU ALIAS SARASWATHI MANAYAMMA, D/O.PARVATHY MANAYAMMA, AGED 45 YEARS, SWASTHANM, UPPILIKAI DESOM, PUDUKKAI VILLAGE, NILESWAR, HOSDURG TALUK. 2. VASUDEVAN NAMBI, S/O. NARAYANAN NAMBI, AGED 43 YEARS, FARMER, CHERUVOTT HOUSE, CHERUVANNUR DESOM,PAMBIRIKUNNU DESOM, P.O.CHERUVANNUR, KOZHIKODE TALUK. 3. SADASIVAN NAMBI,S/O.DO. AGED 41 YEARS, FARMER, DO. DO. 4. BHANUMATHI ANTHERJANAM, W/O.UNNI NARAYANAN NAMBI, AGED 58 YEARS, SWASTHNM, THENDAMPALATH ILLAM,PARANOOR, P.O.PALAM, KOZHIKODE DISTRICT. 5. PRASANNA MANAYAMMA, W/O.K.KRISHNAN NAMBOODIRI, AGED 53 YEARS, SWASTHAM, ,CHANDINI',P.O.PARORA, VIA MATTANNOOR, KANNUR DISTRICT. 6. BHARATHI ANTHARJANAM, W/O.T.KESAVAN NAMBI, AGED 64 YEARS, SWASTHAM, EDAKOT HOUSE, ULLIYERI AMSOM, DESOM, KOYILANDY TALUK, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 7. T.SATHEESAN, S/O.DO. DO., AGED 41 YEARS, TEACHER, DO. DO. 8. T.DILEEPAN, S/O.DO, AGED 37 YEARS, SWASTHAM, DO. DO. 9. SAVITHRI ANTHARJANAM, W/O.VASU NAMBI, AGED 54 YEARS, SWASTHAM,KOTTAPARAMBATH HOUSE, DO. DO. 10. HARIDASAN, S/O.DO., AGED 36 YEARS, SWASTHAM, DO. DO. Kss ..3/- ..3.... CRP.NO.15/2010 11. SAVIOTHRI ALIAS LILLY, W/O.T.RAVEENDRAN NAMBI, AGED 34 YEARS, SWASTHAM, THENDENPALATH ILLAM,PARANOOR AMSOM, P.O.PALAM, NARIKUNNI, KOZHIKODE TALUK. 12. T.KESAVAN, S/O.VASU NAMBI,AGED 30 YEARS, SWASTHAM, KOTTAPARAMBATH HOUSE, ULLIYERI AMSOM, DESOM, KOYILANDY TALUK. 13. T.VASU ALIAS LANEESH, S/O.DO. DO. AGED 27 YEARS, SWASTHAM, DO. DO. DO. 14. PRASANNAKUMARI ANTHARJANAM, W/O.T.KESAVAN NAMBI, AGED 45 YEARS, SWASTHAM, ISWARYA, DO. DO. 15. T.SINDHU, W/O.B.NARAYANA, SWASTHAM, PANTHAPILLAY HOUSE, MADHUR AMSOM, P.O.MADHUR, KASARGODE DISTRICT. R1 BY ADV. MR.KODOTH SREEDHARAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.77/2010 IN CRP.NO.15/2010 CLOSED 15/01/2010 SD/- S.S.SATHEESACHANDRAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.15 OF 2010 () ----------------------------------- Dated this the 15th day of January, 2010 O R D E R Petitioners are some of the defendants in O.S.No.73 of 2000 on the file of the Sub Court, Koyilandy. The above suit is one for partition and the respondents are the plaintiffs and co-defendants in the suit. After the entire evidence was recorded in the case, a challenge against the valuation of the suit and the court fee paid was canvassed by these petitioners/defendants. That was enquired into, and the decision taken thereof had given rise to a previous proceeding before this Court. Pursuant to directions issued, in the proceedings pending before this Court, an additional issue was raised in the suit as to whether the plaintiffs have joint possession over the properties, in respect of which, partible right was claimed by them. That issue as additional issue No.13 in the suit was primarily heard and decided by the court below entering a finding in favour of the plaintiffs. That order CRP.15/10 2 is challenged in the revision by the present petitioners/contesting defendants in the suit. 2. I heard the learned counsel for the petitioner and also the 1st respondent, who had filed a caveat. Having regard to the submissions made and taking note of the facts and circumstances presented especially that the suit giving rise to the impugned order was instituted as early in 2000, I find the propriety and correctness of the impugned order can be challenged by the petitioners in case any adverse decision is rendered against them in the suit. In exercise of the revisional jurisdiction, it is not proper and appropriate for this Court to determine the correctness of the findings made on the issue, which under the terms of Order XIV of the CPC has to be treated as a judgment. Any observation on the correctness of the impugned order, after examining it on its merit by this Court is likely to cause prejudice to one or other parties in the suit. So much so, I refrain from doing so. Reserving the right of the petitioners to challenge the correctness of the impugned order as indicated earlier in the appeal, in case, any CRP.15/10 3 adverse decision is rendered against them in the suit, the revision is closed. S.S.SATHEESACHANDRAN JUDGE prp