IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 25885 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 1381/2010 IN OS.106/1986 of ADDL.DISTRICT COURT, ALAPPUZHA .................... PETITIONER(S)/ORIGINAL REVIEW PETITIONERS/IMPLEADING PETITIONERS: --------------- 1. SARASWATHY, D/O.LATE KUNJAN, AGED 58, RESIDING AT CHERUVATTIKONATHU VEEDU, CHERUVAICKAL VILLAGE, THIRUVANANTHAPURAM. 2. RADHAMAY, D/O.LATE KUNJAN, AGED 62 YEARS RESIDING AT CHERUVATTIKONATHU VEEDU, CHERUVAICKAL VILLAGE,THIRUVANANTHAPURAM. 3. SWARNAMMA W/O. SWARNAPPAN, AGED 74, RESIDING AT CHERUVATTIKONATHU VEEDU, CHERUVAICKAL VILLAGE, THIRUVNANTHAPURAM. 4. SOBHANA,D/O.SWARNAPPAN, AGED 51 YEARS, RESIDING AT CHERUVATTIKONATH VEEDU, CHERUVAICKAL VILLAGE, THIRUVANANTHAPURAM. 5. GEETHA,D/O.SWARNAPPAN, AGED 49 YERAS, RESIDING AT CHERUVATTIKONATHU VEEDU, CHERUVAICKAL VILLAGE,THIRUVANANTHAPURAM. 6. AJITHA D/O.SWARNAPPAN, AGED 41 YEARS, RESIDING AT CHERUVATTIKONATHU VEEDU, CHERUVAICKAL VILLAGE, THIRUVANANTHAPURAM. 7. SNEHALATHA, W/O.LATE GOPI, AGED 65, RESIDING AT LEENA BHAVAN,CHERUVAIKKAL VILLAGE, B.G.MARTIN @ RANA.28 A 1ST FLOOR, JATAN TUN MOHD FUND DUA, TAMAN TUN, DR.ISMAIL, KOLALAMPUR (DIED) 8. AJAYAN, S/O.LATE GOPI, AGED 46 YEARS, RESIDING AT LEENA BHAVAN, CHERUVAIKKAL VILLAGE THIRUVANANTHAPURAM. WP(C) NO.25885/2010 2 9. LEENA,D/O.LATE GOPI, AGED 40 YEARS, RESIDING AT LEENA BHAVAN, CHERUVAIKKAL VILLAGE, THIRUVANANTHAPURAM. 10. M.L.BABU,S/O.LEELA AGED 37 EYARS, RESIDING AT CHERIVATTIKONAM, CHERUVAIKKAL, THIRUVANANTHAPURAM. 11. ANILKUMAR,S/O.LEELA, AGED 35 YEARS, RESIDING AT CHERIVATTTIKONAM, CHERUVAIKKAL, THIRUVANANTHAPURAM. 12. ANILKUMAR, AGED 47 YEARS, S/O.SWARNAPPAN, P.B.NO.41404, RIYANAL- 12521,K.S.A.RESIDING AT CHERUVATTIKONAM,CHERUVAICKAL, THIRUVANANTHAPURAM. 13. AJITHKUMAR, AGED 45,S/O.SWRNAPPAN NO.37868, RPH MP P.I., ADMCOY, 3 AWGAM RIFLES C/O.56 APW, RESIDING AT CHERUVATTIKONAM, CHERUVAICKAL, THIRUVANANTHAPURAM. BY ADV. SMT.K.KUSUMAM RESPONDENT(S)/ORIGINAL PLAINTIFFS & ORIGINAL DEFENDANTS & ADVOCATE COMMISSIONER: --------------- 1. ANNAMMA MARTIN,W/O.P.C.MARTIN,AGED 76, MARTIN DALE, VALLIA THOPPE, SHANGUMUKHAM, THIRUVANANTHAPRUAM NOW RESIDING AT KRIYPA NILAYAM, RUBBER BOARD, P.O.PUTHUPALLY,KOTTAYAM, PIN 686009. 2. THOMAS MARTIN (MOHAM),S/O.ANNA MARTIN, AGED 56 YEARS, MARTIN DALE, VALLIA THOPPE, SHANGUMUKHAN, THIRUVANANTHAPURAM. NOW RESIDING AT KRIYPA NILAYAM,RUBBER BOARD, P.O.,.PUTHUPALLY, KOTTAYAM, PIN 686009. 3. GETRUDE MARTIN, AGED MARTIN DALE, VALLIA TOPPE, SHANGUMUKHAM, THIRUVANANTHAPURAM, NOW RESIDING AT KRIYPA NILAYAM, RUBBER BOARD, P.O., PUTHUPALLY, KOTTAYAM, PIN 686009. 4. AGNES MARTIN (MOLLY),AGED MARTIN DALE, VALLIA THOPPE, SHANGUMUKHAM, THIRUVANANTHAPURAM. NOW RESIDING AT KRIYPA NILAYAM, RUBBER BOARD, P.O., PUTHUPALLY, KOTTAYAM, PIN 686009. 5. GLADIS JAMES (DOLLY) AGED 69, RESIDING AT MARTIN DALE, VALIYATHOPPE, THIRUVANANTHAPURAM, PIN 695585. WP(C)NO.25885/2010 3 6. ANI DIANA JOSEPH ALIAS OMANA, AGED 68 YEARS, 588,EAST MANYPALLY, SECUNDRABAD - 500325. 7. MONA DORIS ALIAS GIRLY JOSEPH, AGED 67 YEARS, PLOT 49, KALPAKA NAGAR, CHACKAI HOUSING COLONY, THIRUVNANTHAPURAM, PIN 695506. 8. SUSHY MARTIN, D/O.P.C.MARTIN, AGED 60 YEARS, INDIRA NAGAR, 2 PLOT NO.106,KALOOR, KOCHIN -17. 9. DR.TREESA MARTIN ALIAS LEELA, AGED 64 YEARS, ESI DISPENSARY, KALAMESSERY PANCHAYATH COLONY, KALAMASSERY, PIN 683104. 10. A.G.MARTIN ALIAS RAJAN, AGED 66 YEARS, MANAGING DIRECTOR, GROUND PALACE, KONOBATH, CAMBERRA 2902, AUSTRALIA. 11. KIM,128,PIUGON, SANIYA TININI TUM, DR.ISMAIL, KOLALAMPUR, MALAYSIYA. 12. CONTAZ, AGED 18 YEARS, OF -DO- -DO- 13. DONA, AGED 12 YEARS, MINOR OF -DO- -DO- RESPONDENT 12 AND 12 ARE REPRESENTED BY BY THEIR MOTHER AND GUARDIAN RESPONDENT NO.10. 14. GEOFFREY MARTIN,S/O.P.C.MARTIN VALIYATHOPPU, SHANGHUMUGHAM,THIRUVANANTHAPURAM NOW RESIDING AT 2-GARRICK CLOSE, EALING W-5IAS,U.K. 15. V.SATHEESH, ADVOCATE COMMISIONR IN O.S.106/86, SUB COURT, BAR ASSOCIATION COURT COMPLEX, ALAPPUZHA 688 007. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.25885 of 2010 -------------------------------------- Dated this the 18th day of August, 2010. JUDGMENT O.S.No.106 of 1986 of the court of learned Sub Judge, Alappuzha is a suit for partition filed by respondent Nos.1 to 4 against respondent Nos.5 to 14. It involves several items of properties some at Alappuzha and the other, at Thiruvananthapuram. According to the petitioners item Nos.9 to 17 are situated at Thiruvananthapuram and those items belonged to them. It is also the case of petitioners that there are various other suits concerning other items even involving item Nos.1 to 4 and certain documents are produced to show pendency of such suits. Learning about pendency of O.S.No.106 of 1986 petitioners filed Exts.P6 to P9, applications for review, their impleadment and stay of further proceedings including inspection by the Advocate Commissioner and for advancing the said applications since the case is posted on 06.09.2010. Since there was no sitting in the court of learned Sub Judge, Alappuzha application to advance hearing of above said applications was taken up by the learned Additional District Judge, Alappuzha. That application was dismissed vide Ext.P9(a) order dated 12.08.2010 observing that there is no urgency in the matter and that Advocate Commissioner's inspection would not cause any prejudice to the petitioners. That order is under challenge in this Writ Petition. There is also a prayer to keep in abeyance warrant of commission until Exts.P6 to P8, applications are disposed of by the learned Sub Judge. Learned counsel WP(C) No.25885/2010 2 for petitioners state that as per information received, Advocate Commissioner will inspect the property on 19.08.2010 with police assistance which will cause embarrassment to the petitioners. 2. I have gone through the records placed before me and Ext.P9(a), order. Issue regarding petitioners' right over item Nos.9 to 17 is to be considered by the learned Sub Judge. Learned Additional District Judge has pointed out that inspection by the Advocate Commissioner will not cause prejudice to the petitioners. I do not find reason to differ from that view. 3. So far as difficulty expressed by learned counsel on account of police assistance provided to the Advocate Commissioner to carry out commission warrant is concerned, if there is no obstruction there would have been no occasion for ordering police assistance. If that be so, there is no reason to interfere. It is open to the petitioners to seek their remedy in the court concerned on the strength of Exts.P6 to P8, applications as provided under law. Writ Petition is dismissed. THOMAS P.JOSEPH, Judge. cks