IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 CRP.No. 127 of 2008() --------------------- OS.187/1992 of PRINCIPAL SUB COURT,KOCHI .................... REVISION PETITIONERS:JUDGMENT DEBTORS 3,5,6,7,8 & 9: ----------------------------------------------------------------------------------------- 1. A.X.ANTONY, S/O.LATE XAVIER, RESIDING AT ARAKKAL HOUSE, KALATHIPARAMBIL ROAD, VADUTHALA P.O., COCHIN – 682 023. 2. AGNES XAVIER, D/O.LATE XAVIER, RESIDING AT ARAKKAL HOUSE, CC 14/314, CHULLICKAL, ST.ANTONY'S ROAD, KOCHI – 5. 3. LALLY XAVIER, D/O.LATE XAVIER, APOSTOLIC OBLATES, SPIRITUALITY CENTRE, NEAR KALATHIPADY, KOTTAYAM. 4. HELEN SEBASTIAN, D/O.LATE ARAKKAL XAVIER, CHERIYAPATTAPPARAMBIL HOUSE, KAIPPILLY PARAMBU, SASTHA TEMPLE ROAD, CC 48/646, KALOOR, KOCHI – 17. 5. JULIET ANTONY ALIAS JULIET JOHNY, D/O.LATE XAVIER, VALIYAKATTU HOUSE, MUNDAMVELI P.O., KOCHI-682 507. 6. CELINE GEORGE, D/O.LATE XAVIER, KANDATHIPPARAMBIL HOUSE, CC 28/2650, CHILAVANNOOR, KADAVANTHRA P.O., COCHIN – 20. BY ADV. SRI.P.GEORGE WILLIAM SRI.C.X.ANTONY BENEDICT RESPONDENTS: DECREE HOLDER NO.2 & 1ST JUDGEMENT DEBTOR: -------------------------------------------------------------------------------------------------------- 1. ELIZABATH JOSEPH, W/O.LATE A.X.JOSEPH, AGED 49, THUNDIPPARAMBIL HOUSE, CHAKKALAKKAL CROSS ROAD, PERUMANOOR P.O., KOCHI – 15. 2. A.X.AUGUSTINE, S/O.LATE ARAKKAL XAVIER, BUSINESS, RESIDING AT CC 15/650A, SAUDI SCHOOL JUNCTION, BEACH ROAD, COCHIN – 682 507. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.378/2008 IN C.R.P.NO.127/2008 DISMISSED 12/02/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 127 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. O R D E R This revision petition is preferred against the order of the learned Subordinate Judge, Kochi in E.P.61/07 in O.S.187/92. The grievance of the revision petitioner herein is as follows. A suit was instituted with respect to 13.5 cents of property. The Court found that the 9th defendant is the exclusive owner of 10.5 cents of property and ordered division of the remaining three cents of property. The Commissioner who is appointed had gone to effect the division of this property and held that the 9th defendant who is entitled to 2/27 shares to be allotted to plot B which is the blue shaded portion in the plan and further the red shaded plot be allotted to the share of the plaintiff. The execution petition is filed by the legal representative of the 9th defendant. The prayer in the execution petition is to measure and demarcate A, B and C schedule properties separately and deliver the property plot A and plot B. Now, the grievance of the writ petitioner is that there is no order to effect delivery CRP NO. 127 of 2008 -:2:- of plot A and therefore the Court has gone wrong in ordering delivery of plot A and plot B together. But I am informed that the delivery has already taken effect and the present revision petitioners have moved an application for re-delivery of the property and it is pending consideration before the Subordinate Judge, Kochi. The question of excess delivery is a matter to be decided by the Court below and if there is no decree for delivery of plot A, it is also a matter that has to be considered by the Court below. Let these matters be considered by the Court below where the matter is pending adjudication and appropriate orders be passed. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-