IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 CRP.No. 2954 of 2000(D) AGAINST THE ORDER IN I.A.NO.524/1998 IN I.A.NO.1859/96 IN OS.613/88 OF THE MUNSIFF'S COURT,CHAVAKKAD REVN. PETITIONER: PETITIONER: 3RD DEFENDANT: RAMAN, S/O.SANKARAN, NJTTUVEETTITHARAYIL, VALAPPAD, CHAVAKKAD TALUK. (DIED – ADDL.PETITIONERS 2 TO 4 IMPLEADED) ADDL. 2. KAMALA, W/O.LATE RAMAN, AGED 67 YEARS, NJATTUVEETTITHARAYIL HOUSE, KARIYAMUTTOM (P.O.), THRISSUR DISTRICT. ADDL.3. UDAYAN, S/O.LATE RAMAN, AGED 38 YEARS, NJATTUVEETTITHARAYIL HOUSE, KARIYAMUTTOM (P.O.), THRISSUR DISTRICT. ADDL.4. SHEELA, D/O.LATE RAMAN, AGED 35 YEARS, NJATTUVEETTITHARAYIL HOUSE, KARIYAMUTTOM (P.O.), THRISSUR DISTRICT. THE LEGAL HEIRS OF THE DECEASED REVISION PETITIONER ARE IMPLEADED AS ADDITIONAL PETITIONERS 2 TO 4 AS PER ORDER DATED 29.1.2008 ON I.A.NO.110 OF 2008. BY ADV. SRI.K.MOHANAKANNAN SRI.P.N.K.ACHAN RESPONDENTS: RESPONDENT: 2ND PLAINTIFF: NARAYANAN, S/O.NJATTUVEETITHARAYIL SANKARAN, PALLIPURAM. (DIED – LRS. IMPLEADED) ADDL.RESPONDENTS 2 TO 6 IMPLEADED: ADDL.2 SMT.SARASWATHY, W/O.LATE NARAYANAN, NJATTUKETTITHARAYIL HOUSE, MURIYATHODE DESOM, KARIYAMUTTOM P.O., THRISSUR DISTRICT. ADDL.3 DEEPA, W/O.JYOTHIBASU, SREENARAYANAPURAM VILLAGE, MOORAVAYIL HOUSE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. ADDL.4 BINU, W/O.RAVINDRAN, PUTHENPURAYIL HOUSE, VALAPPADU, KODUNGALLUR, THRISSUR DISTRICT. ADDL.5 TINI, W/O.RAJESH, ERANJEZHATHU HOUSE, THALIKKULAM P.O., ;CHAVAKKAD, THRISSUR DISTRICT. ADDL.6 REEJA, D/O.LATE NARAYANAN, KARIYAMUTTOM P.O., VALAPPADU, THRISSUR DISTRICT. LEGAL HEIRS OF THE DECEASED RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 2 TO 6 AS PER ORDER DATED 27.3.2008 ON I.A.NO.383 OF 2008. R2 TO R6 BY ADV. SRI.S.SREEKUMAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ORDERS ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 2954 OF 2000 D -------------------------------------------- Dated this the 27th March, 2008 O R D E R The Revision is filed by the third defendant challenging the order dated 7.7.2000 in I.A.No.524 of 1998 in I.A.No.1859 of 1996 in O.S.No.613 of 1988, on the file of the Munsiff's Court, Chavakkad, by which the court below rejected the prayer made by the petitioner to issue a direction to the Commissioner to allot the temple to the share of the petitioner. It is submitted that the Second Appeal against preliminary decree is pending as S.A.No.17 of 1996. The preliminary decree was passed on 12.10.1990. No issue was raised regarding reservation or equities. There is no direction in the preliminary decree for allotment of the temple to any particular sharer. Therefore, the request made by the petitioner was rightly rejected by the court below holding that it is for the Commissioner to divide the property by metes and bounds. This order will not preclude the petitioner to raise all contentions in the final decree proceedings in respect of the allotment of temple to the extent it is permitted under law. For the aforesaid reasons, the Civil Revision Petition is dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 2954 OF 2000 D O R D E R 25th March, 2008 -------------------------------------------