IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 CRP.No. 113 of 2006(R) ---------------------- (OP No.52 OF 2001 OF SUB COURT, HOSDURG) REVN. PETITIONER/ 6TH DEFENDANT: ---------------------------------------- RAMANTHA PRABHU, S/O. LATE N. NARAYANA PRABHU, AGED 41 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESWAR. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS/PLAINTIFFS, DEFENDANTS 1 TO 5, 7 TO 26: ------------- 1. N. VYJAYANTHI PRABHU, D/O. N. KESHAVA PRABHU, AGED 55 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 2. N. GOPALAKRISHNA PLRABHU, S/O. N. KESHAVA PRABHU, AGED 52 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 3. N. VISHWANATHA PRABHU, S/O. N. KESHAVA PRABHU, AGED 51 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 4. SUREKHA PRABHU, W/O. LATE N. PRABHAKARA PRABHU, AGED 53 YEARS, RESIDING AT PEROLE, NILWSHWAR VILLAGE, HOSDURG TALUK, P.O.NILESHWAR. 5. SUPRABHA, D/O. LATE N. PRABHAKARA PRABHU, AGED 20 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 6. SUDHEER, S/O. LATE N. PRABHAKRA PRABHU, AGED 18 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 7. RAJESHWARI, W/O. LATE N. ANANTHA PRABHU AGED 52 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 8. ARUN. A. PRABHU, S/O. LATE N. ANANTHA PRABHU, AGED 22 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 9. AMURUTHA A. PRABHU, D/O. LATE N. ANANTHA PRABHU, AGED 20 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 10. SREEDEVI SREENIVAS MALLIA ALIAS SAKKU BAI, D/O. LATE RAMARAYA PRABHU, AGED 72 YEARS, RESIDING AT MALLER'S HOUSE, KUNHIMANGALAM P.O., KOOVAPURAM, KANNUR DISTRICT. 11. MEERA BAI, D/O. LATE RAMARAYA PRABHU AGED 69 YEARS, RESIDING AT BANGARA MANJESHWAR, MANJESHWAR VILLAGE, KASARAGOD TALUK, P.O. MANJESHWAR. (R10 & R11 ARE RECORDED AS THE LEGAL HEIRS OF R12 AS PER ORDER DT 11.2.08 IN IA 373/08) 12. BABY, (DIED) D/O. LATE RAMARAYA PRABHU, AGED 69 YEARS, RESIDING AT BANGARA MANJESHWAR MANJESHWAR VILLAGE, KASARAGOD TALUK, P.O. MANJESHWAR. *(R12 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 11.2.08 IN IA 231/08) 13. N. SHANTHA BAI, W/O. LATE N. NARAYANA PRABHU, AGED 69 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 14. SHOBA, W/O. LAKSHMANA, AGED 40 YEARS, RESIDING AT NEAR GROTEC I.T.I. DEVAN ROAD, BALLA VILLAGE, HOSDURG TALUK, P.O. KANHANGAD. 15. VIJAYA, D/O. LATE N. RARAYANA PRABHU AGED 32 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 16. AMBA BAI ALIAS RUGMINI AMMA, W/O. LATE NARASIMHA PRABHU, AGED 87 YEARS, RESIDING AT PLOT NO.202, 2ND FLOOR, BUSHA BUILDINGS, LAV-KUSHA APARTMENTS, BHAGAVATH NAGAR, BALLAL BAGH, MANGALORE P.O., MANGALORE TALUK. 17. SURENDRA SHENOY, S/O. DEVAPPA SHENOY, AGED 69 YEARS, RESIDING AT MATHA MANGALAM, P.O. KANNUR, KANNUR DISTRICT. 18. RATNA MADHAVA PAI, D/O. SURENDRA SHENOY, AGED 38 YEARS, RESIDING AT `VALSALA', BEHIND TRIKKAI SHIV TEMPLE A.V.K. NAIR ROAD, P.O. TALLICHERRY, KANNUR DISTRICT. 19. DEVADAS SHENOY, S/O. SURENDRA SHENOY AGED 40 YEARS, RESIDING AT MATHA MANGALAM, P.O. KANNUR, KANNUR DISTRICT. 20. VIDYA SAGAR PRABHU, S/O. LATE NARASIMHA PRABHU, AGED 65 YEARS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 21. VINOD KUMAR PRABHU, S/O. LATE NARASIMHA PRABHU, AGED 62 YEARS, RESIDING AT NEAR NARASIMHA TEMPLE, P.O. THALASSERY, KANNUR DISTRICT. 22. JANARDHANAN PRABHU, S/O. LATE NARASIMHA PRABHU, AGED 57 YEARS, RESIDING AT PLOT NO.202, 2ND FLOOR, KUSHA BUILDINGS, LAV-KUSHA APARTMENTS, BHAGAVATH NAGAR, BALLAL BAGH, MANGALORE P.O. MANGALORE TALUK. 23. VIMALA KINI, W/O. RAGHUNATHA KINI AGED 60 YEARS, RESIDING NEAR AYYAPPA GARAGE, KRISHNA MANDIR ROAD, HOSDURG VILLAGE, HOSDURG TALUK, P.O. KANHANGAD. 24. VARADA PRABHU, D/O. LATE NARASIMHA PRABHU, AGED 55 YEARS, RESIDING AT PEROLE NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. 25. GANESH PRABHU, S/O. LATE NARASIMHA PRABHU, AGED 53 YEARRS, RESIDING AT PEROLE, NILESHWAR VILLAGE, HOSDURG TALUK, P.O. NILESHWAR. BY ADV. SRI.V.N.RAMESAN NAMBISAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 113 OF 2006 --------------------- Dated this the 11thday of February, 2008 ORDER This revision petition is preferred against the answer to additional issue No.8 in OS 52/01. It is contended that the suit for partition is barred by limitation. The court below held that it is a mixed question of law and fact and therefore it cannot be considered as a preliminary issue especially in the light of the amended provisions of Order XIV Rule 2(2). The said rule confers upon the court discretionary jurisdiction and the Parliament enacted the said provision with the object of reducing the number of tier of litigations on each round. Since the Subordinate Judge has exercised its discretion in that way, this court at this stage cannot interfere and therefore the CRP is dismissed. M.N.KRISHNAN, JUDGE vps