IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP(C).No. 4051 of 2011(O) -------------------------------- IA 1495/11 IN I.A.NO.2150/2003 OS.64/1997 of SUB COURT, OTTAPPALAM .................... PETITIONER: ---------------- JAYARAJ, S/O. GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM AND TALUK. BY ADVS. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): --------------------- 1. RADHA, W/O. DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 2. RAMESH BABU, S/O. DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 3. SURESH BABU, S/O. DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 4. KRISHNAPRASAD, S/O. DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. svs .......2/-... ...2... OPC NO.4051/2011 5. SOBHA (MINOR) D/O. DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 6. KALYANI, MOTHER OF DECEASED GANGADHARAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 7. PADMINI, W/O. DECEASED VIJAYAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 8. MANOJ (AUCTION PURCHASER), S/O. PADMINI, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 9. AJITHA, D/O. PADMINI, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 10. BINDU, D/O. PADMINI, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 11. PRIYA, D/O. PADMINI, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 12. PREETHA, D/O. PADMINI, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. 13. RATNAKUMARI, W/O. DECEASED PANAMKADAVATH GOPINATHAN, PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. svs .........3/-... ...3... OPC.NO.4051/2011 14. MANJULA (MINOR), D/O. RATNAKUMARI, RESIDING AT PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101.(MINOR REP.BY MOTHER RATNAKUMARI - 13TH RESPONDENT) 15. MURALI KRISHNAN (MINOR) S/O. RATNAKUMARI, RESIDING AT PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101.(MINOR REP.BY MOTHER RATNAKUMARI - 13TH RESPONDENT) 16. MANOJ (AUCTION PURCHASER) S/O. VIJAYAN, RESIDING AT PANAMKADAVATH VEEDU, ARIYOOR THEKKUMURI DESOM, OTTAPALAM AMSOM, OTTAPALAM TALUK, PIN - 679 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO.4051/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AFFIDAVIT AND PETITION DATED 23/05/2011 IN I.A NO. 1495 OF 2011 IN I.A 2150 OF 2003 IN OS 64/1997 OF SUB COURT, OTTAPALAM FILED BY THE PETITIONER. P2: COPY OF THE COUNTER TO EXT-P1 DATED 26/06/2011 P3: COPY OF THE ORDER DATED 11/11/2011 IN I.A NO. 1495/201 IN I.A NO. 2150/2003 IN O.S NO. 64/1997 PASSED BY THE SUBORDINATE JUDGE'S COURT, OTTAPALAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4051 of 2011 --------------------------------------- Dated this 12th day of December, 2011 JUDGMENT Fourth petitioner in I.A.No.2150 of 2003 (for passing final decree) in O.S.No.64 of 1997 of the Court of learned Sub Judge, Ottappalam is aggrieved by the dismissal of I.A.No.1495 of 2011 by Ext.P3, order. 2. There was a preliminary decree for partition of the shop rooms which is the subject matter of the suit and in the course of the final decree proceedings, Advocate Commissioner inspected the property and reported that the rooms could be auctioned among the sharers. That suggestion was accepted and learned Sub Judge passed order accordingly. Auction was conducted on 27.11.2010 and one of the sharers purchased the shop rooms for `.9,10,000/-. Petitioner challenged that auction sale on the ground that the amount fetched by sale is meager and that auction sale was conducted without notice to him. Those contentions were negatived by the learned Sub Judge who dismissed I.A.No.1495 of 2011 by Ext.P3, order which is under challenge. O.P(C).No.4051 of 2011 -: 2 :- 3. Learned counsel has asserted the contentions raised in the trial court. So far as the contention that petitioner did not get notice of the auction on 27.11.2010 is concerned, learned Sub Judge has recorded that counsel for petitioner was present at the time of auction in the court hall. If that be so, petitioner cannot contend that he did not get notice of the auction sale. 4. So far as case of meagerness of the price fetched in the auction is concerned, it is seen that earlier the property was sold in auction among the sharers for `.8,55,000/- but the sale was set aside as purchaser did not deposit the amount. Learned Munsiff has observed that auction sale on 27.11.2010 was a competitive auction among the sharers who vigorously took part in it. On going through the order, I do not find reason to interfere. This original petition is dismissed. (THOMAS P. JOSEPH, JUDGE) Sbna/-