IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 AS.No. 186 of 1997(E) ----------------------------- OS.252/1992 of ADDL.SUB COURT, PALAKKAD .................... APPELLANT/ 2ND DEFENDANT :- -------------------------------------------- NEJRAJ, AGED 37 YEARS, (SCHOOL TEACHER) S/O/. NATARAJA KOUNDER, ELAYATT KALTHIL ATTAYAMPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE ADV.SMT.JEENA JOSEPH RESPONDENTS/ PLAINTIFF AND DEFENDANTS 1 & 3 --------------------------------------------------------------------------- 1. JEEVARATNAM W/O. KARUPPA SWAMI KOUNDER, NOW RESIDING AT MANCHIKUNNAMPATHY VILLAGE, PALAKKAD DISTRICT. 2. NATARAJA KOUNDER, S/O. PAZHANI KOUNDER RESIDING AT ELAYATT KALATHIL, ATTAYAMPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. 3. MAHALINGAM, AGRISCULTURIST, ELAYATT KALATHIL ATTAYAMPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. R2 & R3 BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA R1 BY ADV. SRI.T.C.MOHANDAS SRI.A.R.GANGADAS THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. No. 186 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, This is an appeal against a preliminary decree in a suit for partition. Pending this appeal, final decree was passed. Thereafter, the matter is now pending in execution. Learned counsel for the appellant states that many of the claims raised in this appeal by the appellant are given up and the only subsisting claim is in relation to a well. Accordingly, we dismiss this appeal clarifying that the dismissal of this appeal shall not stand in the way of the parties settling any issue, even relating to the well, by recourse to ADR A.S.186/1997. 2 mechanism, if found appropriate, during the course of execution. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.