IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(C).No. 2499 of 2011(O) -------------------------------------- OS.NO. 280/1964 of PRINCIPAL MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER --------------------- SREEKALA, AGED 46, D/O.KAMALAMMA, PRASANTHA NILAYAM, NEAR R.C.CHURCH, KADAVATTARAM DESOM, NEYYATTINKARA NOW RESIDENCE AT BHUVANANSREE, NEAR R.C.CHURCH, KADAVATTARAM DESOM, NEYYATTINKARA. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.N.MANU THAMPI RESPONDENT(S): -------------------------- 1. SUMANGALI LEELA, AGED 56, KANJIRAVILAKATHU VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA.P.O., PIN-695 020 2. SANKARA PANICKER BHASKARA PANICKER, AGED 78, THUNDUVILAKATHU VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA.P.O.,PIN-695 020 3. SANKARA PANICKER SUDHAKARAN, AGED 63, THUNDUVILAKATHU VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA.P.O., PIN-695 020 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2499/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGEMENT IN O.S.NO.280/1964 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA. P2 COPY OF THE FINAL DECREE IN OS.NO.280/1964 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA. P3 COPY OF THE OBJECTION IN O.S.NO.280/1964 P4 COPY OF THE ORDER 21 RULE 35,36,95,96 OF THE C.P.C. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2499 of 2011 --------------------------------------- Dated this 02nd day of August, 2011 JUDGMENT Petitioner is the ninth defendant in O.S.No.280 of 1964 of the Court of learned Principal Munsiff, Neyyattinkara. There was a preliminary decree for partition of suit property. That was followed by a final decree. Grievance of petitioner is regarding allotment of a quarter of a cent allegedly belonging to him in the final decree. 2. It is seen from the materials produced before me that the suit had a chequered career, several times there were appeals to the appellate court and ultimately it reached the stage of impugned final decree. The challenge is regarding a quarter of a cents allegedly belonging to the petitioner. It is submitted by learned counsel that challenging the final decree petitioner has preferred A.S.No.19 of 2011 before the Sub Court, Neyyattinkara with an application to condone the delay of 201 days. It is also seen from paragraph 4 of the impugned order that to the report and plan, there was no objection from petitioner. In the circumstance, I am not inclined to exercise the supervisory jurisdiction under Art.227 of the Constitution. It is open to the O.P(C).No.2499 of -: 2 :- petitioner to seek reliefs in the appeal that is said to be preferred against the final decree or, seek other reliefs in the executing court. With the above observation this original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-