IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 RFA.No. 27 of 2003(C) --------------------- AGAINST THE ORDER DATED 30/06/2001 IN OS.246/99 IN IA.1815/2000 of ADDL.SUB COURT, THALASSERY .................... APPELLANT:RESPONDENT:DEFENDANT: -------------------------------------------------------------- C.K.JAYAJA, D/O.GOPALAN RESIDING AT PADMALAYAM KUTHIYATHODU, SHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.T.C.MOHANDAS, SRI.T.M.SUNIL, SMT. S.CHITHRA. RESPONDENT(S): PETITIONER:PLAINTIFF: ---------------------------------------------------------------- C.G. PADMALATHA, D/O.GOPALAN RESIDING AT GREESHMA NIVAS, THOTTADA, ELAYAVOOR, KANNUR. BY SMT.C.G.PADMALATHA (PARTY IN PERSON) THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NOS.249 & 1931/2003 IN RFA NO.27/2003 DISMISSED 01/11/2010 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE SD/- P.BHAVADASAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- R.F.A.No.27 OF 2003 ------------------------------------------- Dated this the 1st day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. We have seen the endorsement of the office following the earlier order. No further notice need be issued. This appeal arises from the final decree in a suit for partition. The short issue arising for decision is as to whether the appealing defendant had an opportunity to object to the commissioner's report obtained in the final decree proceedings. According to her, she had filed objections, however, that it was not considered by the court below. As a matter of fact, it appears that the commissioner's report was returned for curing defects and the learned counsel for the appellant is right in pointing out that the said objections were obtained from the court below on return, after the matter was decided and the same has been placed on record in this court along with RFA.27/03 2 I.A.1932/03. We have seen the said statement of objections with endorsements and we are satisfied that the matter deserves re- consideration at the hands of the court below. For the aforesaid reasons, the impugned final decree is set aside and the matter is remitted to the court below to consider the objections raised by the defendant to the commissioner's report. The said objections are received by this Court and would stand transmitted forthwith, along with LCR, if received. For this purpose, I.A.1932/03 is allowed. Since the respondent did not appear, the court below will issue notice to that party. The appellant is directed to appear before the court below on 1.12.2010. The appeal is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.2/11.