IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32812 of 2009(O) -------------------------- AS.225/2008 of DISTRICT COURT, THRISSUR OS.2649/2004 of III ADDL. M.C.,THRISSUR .................... PETITIONER(S): --------------- 1. AMINI @ KOCHAMINI, D/O.KARUVAN NARAYANAN, NADATHARA ROAD, OLLUKKARA VILLAGE, THRISSUR TALUK. 2. SULOCHANA, W/O.BALAN, MANJADIPARAMBIL HOUSE, KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. SRI.U.O.JOSE RESPONDENT(S): --------------- 1. BHASKARAN, S/O.MANNUTHIKKAL SANKU, OLLUKKARA VILLAGE, MANNUTHY DESOM, THRISSUR TALUK. 2. SREEDHARAN, S/O.MANNUTHIKKAL SANKU, OLLUKKARA VILLAGE, MANNUTHY DESOM, THRISSUR TALUK. 3. VIJAYAN, S/O.MANNUTHIKKAL SANKU, OLLUKKARA VILLAGE, MANNUTHY DESOM, THRISSUR TALUK. 4. MOHANAN, S/O.MANNUTHIKKAL SANKU, OLLUKKARA VILLAGE, MANNUTHY DESOM, THRISSUR TALUK. 5. SASI, S/O.MANNUTHIKKAL SANKU, OLLUKKARA VILLAGE, MANNUTHY DESOM, THRISSUR TALUK. 6. P.NESAMANI, S/O.POULOSE, KANAKADY HOUSE, MANNUTHY DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.32812 OF 2009 -------------------------------- Dated this the 17th day of November 2009 ---------------------------------------------------------- JUDGMENT Petitioners are the defendants 3 and 4 in O.S No.2649 of 2004 on the file of the 3rd Additional Munsiff Court, Thrissur. The above suit is stated to be one for partition in which a preliminary decree has already been passed and the final decree proceedings are in progress. Respondents 1 to 5 are the plaintiffs in that suit. As between the parties, another suit, a suit for specific performance was also pending and on dismissal of that suit, an appeal is now pending is canvassed in the writ petition for staying the final decree proceedings in O.S. No.2649/2004. In the event of a decision by the appellate court reversing the dismissal of the suit for specific performance, there is likelihood of change in the allotment of shares ordered in the preliminary decree, is the ground canvassed, to seek for stay of the final decree proceedings W.P.(C).No.32812 OF 2009 Page numbers till disposal of the above appeal namely A.S No.225/2008 on the file of District Court, Thrissur. 2. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and hence it is dispensed with. Stay of the final decree proceedings for the reason canvassed by the petitioners as to the pendency of an appeal from a different suit, that too by invoking the visitorial jurisdiction of this court under Article 227 of the Constitution of India cannot be entertained. I do not find any merit in the writ petition, and it is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv W.P.(C).No.32812 OF 2009 Page numbers