IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 CRP.No. 676 of 2005(A) ---------------------- CMA.39/2003 of PRL.SUB COURT,THALASSERY OS.592/1997 of ADDL.MUNSIFF COURT, KANNUR (IA.1263/2003) .................... REVN. PETITIONER/APPELLANT/PETITIONERS: ------------------------------------------ K.P.THASNI, KANNOTH PUTHIYAPURAYIL, NEAR NARATH MASJID, NARATH, KANNUR. BY ADV. MR.V.PREMCHAND RESPONDENTS/DECLARANTS: ------------------------------ 1. KANIYARAKKAL THUNDIKANDY EBRAHIMKUTTY, NARATH, PALLERI DESOM, KANNUR DISTRICT. 2. K.C.SUBAIDA, CHELERI P.O., KANNUR DISTRICT. 3. ABDUL RAZAK(MINOR), DO.DO. REP. BY REP.RESPONDENT NO.2, WHO IS THE MOTHER AND GUARDIAN. 4. MANIKKARA VELAYUDHAN NAIR, CHELERI P.O., CHELERI, KANNUR DISTRICT. 5. AMINA, THOLANDAVIDA HOUSE, ATHAYAKANNU, KOTTALI P.O., KANNUR DISTRICT. 6. RUKHIYA DO.DO. 7. ASHRAF, DO.DO. ADV. MR.A.MOHAMED MUSTAQUE FOR R5 & R6 MR.M.K.SUMOD FOR R5 & R6 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.676 of 2005 - A --------------------------------- Dated this the 26th day of November, 2009 O R D E R Concurrent finding entered by two courts below as against the order passed declaring the revision petitioner/fifth defendant exparte in a suit for partition is challenged in the revision. Service as against some of the respondents (respondents 3, 4, & 7) remain to be completed. It is reported that a final decree had already been passed in the suit and the order declaring the petitioner exparte was passed before passing of the preliminary decree. Having regard to the facts and circumstances presented and also examining the orders passed by the two courts below, I find no interference with the concurrent orders is called for. Revision is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-