IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 17240 of 2008(B) -------------------------- AGAINST THE ORDER IN EP 60/07 IN OS.60/1968 of PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER(S): PETITIONER ------------------------- PONNAMMAL RAJAMMAL, RAJAVILASAM, VELLAKINAR WARD, ALAPPUZHA. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT(S): RESPONDENTS -------------------------- 1. T.K. SOMASUNDARAM, S/O. KUMARASWAMY, ALAPPUZHA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. 2. T.R. MAHESWARY, D/O.RAJALEKSHMI AMMAL, LALAPRAMBIL, VELLAKINAR WARD, ALAPPUZA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. 3. T.K. GANESHKUMAR, S/O. KUMARASWAMY, LALAPARAMBIL, VELLAKINAR WARD, ALAPPUZHA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. 4. T.R. EASWARY, D/O.RAJELAKSHMI AMMAL, LALAPARAMBIL, VELLAKINAR WARD, ALAPPUZHA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. W.P.C.NO.17240/2008 5. T.K. KANAKAM SUNDARA, S/O. KUMARASWAMY, LALAPARAMBIL, VELLAKINAR WARD, ALAPPUZHA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. 6. T.K. MOHANA SUNDARAM, S/O. KUMARASWAMY, LALAPARAMBIL, VELLAKINAR WARD, ALAPPUZHA, NOW RESIDING AT VADUTHAKULANGARA, COCHIN. ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMETN IN A.S.NO.28/1973 EXT.P2 TRUE COPY OF THE ORDER IN I.A.NO.16/82 IN O.S.NO.60/1968 EXT.P3 TRUE COPY OF THE ORDER IN I.A.NO.1417/2003 AND 1554/2003 IN I.A.NO.16/1982 IN O.S.NO.60/1968 EXT.P4 TRUE COPY OF THE JUDGMENT IN R.F.A.NO.196/2003 AMD A.S.NO. 284/2003 OF THIS COURT. EXT.P5 TRUE COPY OF THE SUPPLEMENTAL FINAL DECREE ORDER IN I.A.NO.16/1982 IN O.S.NO.60/1968 EXT.P6 TRUE COPY OF THE JUDGMENT IN RFA.NO.87/2006 EXT.P6(A) TRUE COPY OF THE DECREE AND APPENDED STATEMENT IN R.F.A.NO.87/2006 EXT.P7 TRUE COPY OF THE EXECUTION PETITION - E.P.NO.60/2007 IN O.S.NO.60/1968 EXT.P8 TRUE COPY OF THE OBJECTION IN E.P.NO.60/2007 IN O.S.NO. 60/1968 EXT.P9 TRUE COPY OF THE ORDER IN E.P.NO.60/2007 IN O.S.NO.60/1968 /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) .No.17240 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2009 JUDGMENT Judgment debtor/defendant in E.P.No.60/2007 in O.S.No.60/1968 on the file of Sub Judge Alappuzha challenges Ext.P9 order passed by the Sub Judge dated April 3, 2008. 2. The suit was one for partition. E.P. has been filed to execute the final decree for partition. In the impugned order, the learned Sub Judge has found that Rs. 82426/- deposited by the judgment debtor is allowed to be received by the decree holders. But it is conceded by the revision petitioners as well as respondents that the said amount was deposited by the decree holders and is due to the judgment debtors. Counsel for the respondents brought to the notice of this court that decree holder is also entitled to Rs. 1000/- per month towards profit from 01-05-2003 till the date of their getting actual possession of the decree schedule item No.4 as provided under final decree dated 31-10-2005. Therefore the impugned order dated WPC.No.17240/2008 2 April 3, 2008 is set aside. The matter is remanded to the Sub Court, Alappuzha to consider afresh the amount due to judgment debtors and the decree holders as per the terms of the final decree. The parties shall appear before the trial court on 15-11-2009. The trial court shall dispose of the matter as early as possible, but not later than two months from the date of receipt of a copy of this judgment. P.Q.BARKATH ALI JUDGE sv. WPC.No.17240/2008 2