IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 33572 of 2009(O) -------------------------------- AGAINST THE ORDER DATED 31/03/2009 IN IA 752/91 IN OS.10/1971 of SUB COURT, OTTAPPALAM .................... PETITIONER: --------------- DAMODARAN NAMBOODIRI, S/O.LATE NARAYANAN NAMBOODIRI,AGED 62 YEARS, KUMARAMPULAKKAL MANAKKAL,CHERUKUDANGAD AMSOM, PALLIPPURAM DESOM,OTTAPPALAM TALUK. BY ADV. MS.K.V.BHADRA KUMARI RESPONDENTS: --------------- 1. SAVITHRI ANTHARAJANAM(DIED), W/O.PURUSHOTHAMAN NAMBOODIRI,KUMARAMPULAKKAL MANAKKAL,CHERUKADANGAD AMSOM ,PALLIPPURAM DESOM, OTTAPALAM TALUK. 2. KRISHNAN NAMBOODIRI, S/O.SAVITHRI ANTHARJANAM, -DO- -DO- 3. PURUSHOTHAMAN NAMBOODIRI(DIED), S/O. -SO- -DO- 4. SAVITHRI ANTHARJANAM, D/O. -DO- -DO-. 5. VASUDEVAN NAMBOODIRI,S/O. -DO- -DO- 6. THANKAM @ SREEDEVI (DIED),D/O. -DO- -DO- 7. NARAYANAN NAMBOODIRI,S/O. -DO- -DO- (CNTD....2) WP(C).No. 33572 of 2009(O) ::2:: 8. GANGADEVI ANTHARJANAM (DIED D/O.NARAYANAN NAMBOODIRI, RESIDING AT AT -DO- -DO- 9. LEELA ANTHARJANAM,W/O.LATE NARAYANAN NAMBOODIRI, -DO- . 10. NANGAYYA ANTHARJANAM (DIED), W/O.SIVARAMAN NAMBOODIRI,KIZHAKKINIYATH MANAKKAL, ANAKKARA AMSOM, DESOM,OTTAPALAM TALUK. 11. SREEDEVI @ AKAYIL THAMBURAN, W/O.VASUDEVAN NAMBOODIRIPPAD,VENGATTUR MANAKKAL, KOTHACHIRA AMSOM AND DESOM,OTTAPALAM TALUK. 12. SAVITHRI ANTHARJANAM,W/O.KRISHNAN NAMBOODIRI,PANAMPATTA MANAKKAL,PULASSERI AMSOM, MANNENGODE DESOM,OTTAPALAM TALUK. 13. VALIYA RAMAN NAMBOODIRI (DIED), H/O.DIED,PARAMEL MANAKKAL. 14. RUDRAN @ RAVI NAMBOODIRI,S/O.LATE VALIYA RAMAN NAMBOODIRI. 15. P.M.SAVITHRI,D/O.LATE -DO- . 16. KRISHNAN NAMBOODIRI,S/O. -DO- . 17. P.M.VASUDEVAN NAMBOODIRI,S/O.LATE -DO- . 18. RAMAN NAMBOODIRI,S/O. -DO- . 19. RAMANI,(MINOR)REPRESENTD BY GUARDIAN RAMAN NAMBOODIRI, -DO-,(RESPONDENTS 13 TO 19 ARE RESIDING AT KADAVALLUR VILLAGE, KADAVALLUR DESOM, IN THALAPPILLI TALUK). 20. P.R.RAMANARAYANA PRASAD,AGED 27 YEARS, 21. UMADEVI @BINDU,AGED 18 YEARS, (RESPONDENTS 20 AND 21 ARE LRS OF R8 AND THEY ARE AMENDED AS PER ORDER IN I.A.NO:1374/02 DATED 30-09 -2002)AND THEY ARE RESIDING AT THRIKKARIYOOR AMSOM DESOM, KOTTAYAM DISTRICT. (CNTD....3) WP(C).No. 33572 of 2009(O) ::3:: 22. UMADEVI ANTHARJANAM,AGED 49 YEARS, D/O.SIVARAMAN NAMBOODIRI,KIZHAKKINIYATH MANAKKAL, ANAKKARA AMSOM,PERUMBALAM DESOM,OTTAPALAM TALUK (AMENDED AS PER ORDER IN I.A.NO:421/01, DATED 23-9-2004). 23. RUGMINI @ THANKAM,AGED 48 YEARS, W/O.LATE PURUSHOTHAMAN NAMBOODIRI,KUMARAMPULAKKAL MANAKKAL,CHERUKUDANGAD AMSOM,PALLIPPURAM DESOM, OTTAPALAM TALUK,(L.R.OR R3). 24. HAREESH,AGED 28 YEARS,S/O.RUGMINI @ THANKAM, -DO- . 25. DEEPA,AGED 23 YEARS,D/O. -DO- (SUPPLE.RESPONDENTS 24 AND 25 ARE RESIDING AT PANKIKKAD AMSOM, DESOM IN ERANAD TALUK AND AMENDED AS PER ORDER IN I.A.NO:1774/05 DATED 13-12-2005). 26. NARAYANAN NAMBOODIRI,AGED 47 YEARS, H/O.LATE THANKAM 2 SREEDEVI,NHATTUVELA MANAKKAL (L.R.OF R6). 27. PRADEEP,AGED 30 YEARS,S/O.LATE THANKAM @ SREEDEVI, -DO- 28. PRAMOD,AGED 28 YEARS,S/O.LATE THANKAM @ SREEDEVI,NHATTUVELA MANAKKAL,(RESPONDENTS 26 TO 28 ARE RESIDING AT MANGALAM AMSOM,MODAPPAKKAD DESOM IN OTTAPALAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.33572 of 2009 - O --------------------------------- Dated this the 9th day of December, 2009 J U D G M E N T Petitioner is the 12th defendant in O.S.No.10 of 1971 on the file of the Sub Court, Ottappalam. Suit is one for partition in which the learned Sub Judge had passed a final judgment purportedly on the basis of settlement arrived at in mediation held by the court. Ext.P2 is the order passed by the learned Sub Judge. Allotment made in Ext.P2 order was challenged by some parties contending that there was no settlement as given expression to in that order. The writ petition so filed was allowed vide Ext.P4 judgment. Some other sharers had challenged the orders passed by the court below on some interlocutory applications with respect to directions given for exchange of properties which was also disposed by the court setting aside the orders impugned. There was also a first appeal against Ext.P2 order passed by the court below. Setting aside Ext.P2 order the first appeal was disposed directing the court below to dispose the final decree application afresh after giving all the parties an W.P.(C).No.33572 of 2009 - O 2 opportunity of being heard. Petitioner has filed the writ petition seeking allotment of the share which had been recognized in Ext.P2 order passed by the learned Sub Judge, which was the subject matter involved in the first appeal disposed by Ext.P5 judgment. It is submitted Ext.P5 judgment was rendered without giving notice to the petitioner and so much so a review petition had been filed for reviewing that judgment. Whatever that be, under Ext.P5 judgment in first appeal this Court has directed the court below to dispose the final decree application afresh after hearing all parties in the proceedings. The relief canvassed by the petitioner in the writ petition for separate allotment of the share which had been so earmarked in Ext.P2 order previously passed by the learned Sub Judge cannot at all be entertained. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-