IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29971 of 2008(R) -------------------------- AGAINST THE ORDER IN EP.603/2004 IN OS.998/1996 of PRL.M.C.,ERNAKULAM .................... PETITIONER: --------------------- RAJAGOPALAN @ RAJAN, TEKKETHURAPPAN PARAMBIL HOUSE, ELAMAKKARA P.O., KOCHI – 26. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------------------ 1. SATHYAVAN, S/O.APUKUTTAN, KALLAYIL HOUSE, ELAMAKKARA, KOCHI – 26. 2. THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE, EDAPPALLY. 3. THE THAHASILDAR, KANAYANNOOR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). No. 29971 OF 2008 --------------------- Dated this the 13th day of October, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside Exts.P3 to P5. The writ petitioner is the judgment debtor in O.S. No.998/96. His share was sold in execution of the decree. Now the petitioner has moved an application for symbolic delivery of the property. Whatever it may be, if there is only an undivided interest in a property, there cannot be any sale by metes and bounds without the junction of other persons who are entitled to the property. It can be only the sale of the share of the judgment debtor. 2. The method for the decree holder after obtaining the sale certificate is to file a suit for partition and to get that share separated from the other co-sharers. There cannot be any symbolic delivery of the property because it will not improve the situation and further the auction purchaser will step into the shoes of the sharer as a co-owner. So there need not be any apprehension about any ouster or adverse possessional limitation. There cannot be a definite delivery of the property if it is an undivided share. Therefore it may WPC No. 29971/08 2 not be possible for the Tahsildar or anybody to measure the property. Therefore, I direct the learned Munsiff, who had passed Ext.P3 order, to reconsider the whole matter and pass appropriate orders. Till that time, there need not be any further proceedings in pursuance to Exts.P3 to P5. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC No. 29971/08 3