IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 36934 of 2007(V) -------------------------- I.A.NO.4200/06 IN OS.685/1983 of II ADDL.MUNSIFF COURT,NEYYATTINKARA .................... PETITIONER(S): --------------- KUNJAN PONNAYAN, THEENDAKATTU VADAKKETHU PUTHEN VEEDU, PARAKOTTUKONAM, KULATHAMAL DESOM, CHENKOTTUKONAM P.O., (VIA) AMARAVILA, NEYYATTINKARA VILLAGE, PIN-695122. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. RAMAKRISHNAN SUKUMARAN, SURESH BHAVAN, KULATHAMAL DESOM, CHEKOTTUKONAM PO, (VIA). AMARAVILA, NEYYATTINKARA TALUK, PIN 695120. 2. BABY LALITHA, OF -DO- -DO- 3. BENCHAMAN SATHYADAS, THEENDAKOTTU PURAYIDOM, OF -DO- -DO- 4. PARAMESWARAN PILLAI, SUKUMARAN NAIR, UDAYA BHAVAN, FORT WARD NORTH, KADAVATTARAM DESOM, NEYYATTINKARA P.O. PIN - 695121. 5. ESAYA SAMUVEL, THOVOTTUKONAM, VADAKKEPUTHEN VEEDU, KULATHAMAL DESOM, OF -DO-. , PIN 695120. 6. BHARATHY OMANA EDAMANCHATHALA VEEDU, MARUTHOOR DESOM, CHAKKOTTUKONAM, OF -DO-. , PIN -695120. 7. GANGADHARA PANICKER SUKUMARAN, THEENDAKATTU PURAYIDOM, PARAKOTTUKONAM, OF -DO-. , PIN - 695120. WPC 36934/07 8. PONNAMMA INDIRA, OF -DO-. , PIN 695120. 9. BHAGAVATHY NALINI, THUNDUTHATTU PUTHEN VEEDU, PARAKOTTUKONAM, OF -DO- -DO-. , PIN 695120. 10. SASI @ APPU, S/O VASUPANICKER, KATTANIVILA VEEDU, KULATHAMAL DESOM, OF -DO- , PIN 695120. 11. KRISHNAN NADAR APPU, THEENDAKATTU PUTHEN VEEDU, KULATHAMAL DESOM, OF -DO- 12. KRISHNAN NADAR CHRISTUDAS, THEENDAKATTU PUTHEN VEEDU, PARAKOTTUKONAM, OF -DO-. 13. KRISHNAN SISUPALAN, THOVATTUKONAM PUTHEN VEEDU, OF -DO-. 14. DAMODHARAN VIJAYAN, THEENDAKATTU PURAYIDOM, PARAKOTTUKONAM, OF -DO-. 15. VISALAKSHY JAYA, OF -DO-. 16. ACHUTHAN SASIDHARAN, EDAMANCHATHALA VEEDU, MARUTHOOR, CHAKKOTTUKONAM, OF -DO-. 17. ACHUTHAN RAMACHANDRAN, OF -DO-. 18. ACHUTHAN SREEKUMARAN, OF -DO-. 19. ACHUTHAN RETNAKARAN, OF -DO-. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36934 of 2007 --------------------------------------------- Dated this the 17th day of February, 2009 JUDGMENT Respondent Nos.1 and 2 filed O.S.No.685/1983 on the file of the court of the Additional Munsiff II, Neyyattinkara for partition. A preliminary decree was passed on 30th November 2002. As per the preliminary decree, the plaintiffs were entitled to get partition of 64.667 cents from plaint C schedule item No.1 and 1.66 cents from plaint C schedule item No.2. The second defendant filed A.S.No.147/03 against the preliminary decree. The entitlement of the plaintiffs to get the shares as mentioned in the preliminary decree was not under challenge in the appeal. The appeal was dismissed as per the judgment and decree dated 7th April 2006, however with the following modifications. “In the result, this appeal is dismissed but with the modification of the judgment and decree of the court below as follows: 1. 1.666 cents to be allotted to the plaintiff shall be confined to plaint C schedule item No.2. 2. 5 cents covered by Ext.A3 which is part of 16.833 cents to be allotted to defendants 1 and 2 shall be confined to C schedule item No.2. 3. 16.833 cents to be allotted to defendants 1 and 2 shall be in exclusion of 72 cents allotted to defendants 1 to 3 and delivered over vide Ext.B9. 4. No costs.” 2. An application was filed by the plaintiffs for passing the WPC No. 36934/2007 2 final decree. The Commissioner appointed in the final decree proceedings submitted plan, account and report. As per the plan, the plaintiffs were allotted 57.812 cents in item No.1 of the ‘C’ schedule and 1.033 cents in 'C' schedule item No.2 instead of 64.667 cents and 1.66 cents respectively as held in the preliminary decree. The plaintiffs were satisfied with the said allotment made by the Commissioner. However, in the final judgment, instead of showing all the plots shown by the Commissioner in the plan, by mistake, only the plot having an extent of 1.033 cents was shown as belonging to the plaintiffs. That means, by the final judgment, due to the mistake committed by the court, the plaintiffs lost an extent of 57.81 cents. This mistake was sought to be corrected by the plaintiffs by filing I.A.No.4200 of 2006. The court below was satisfied that a mistake was committed and therefore, passed an order to correct the mistake. By such mistake which is sought to be corrected, the petitioner/second defendant is not going to gain anything and he can only see the plaintiffs' lose. Such stand cannot be countenanced. There is no merit in the Writ Petition. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl