IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 CRP.No. 391 of 2008() --------------------- OS.326/1994 of MUNSIFF COURT,ALUVA .................... REVN. PETITIONERS: PETITIONERS: ------------------------------ 1. BRIJITHA, AGED 78, W/O.LATE MATHEW, KULANGARA HOUSE, AYROOR, KURMASSERY. 2. JOLLY THOMACHAN, AGED 46, W/O.THOMAS, KANAT, 2/1706 A, JASMINE MANZIL, FLORICAN ROAD, KARIKKAMKULAM, KARAPARAMBU, KOZHIKKODE-10. 3. JESSY VINCENT, AGED 34, W/O.VINCENT, PANIKULANGARA HOUSE, AYROOR P.O., PUTHENVELIKKARA. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENTS: RESPONDENTS: ------------------------- 1. GEORGE, AGED ABOUT 72, S/O.THOMAS, AMBATTU HOUSE, MURINGOOR, CHALAKUDY. 2. ANTONY, AGED ABOUT 68, S/O.THOMAS, GULLABOB.J.SHUKLA, OPP.SWAMY NARAYAN KRIPA, SUKIYA NAGAR SHERI NO.5, NEAR RAJKOT AERODROME, GUJARAT. 3. A.T.MARY, AGED ABOUT 66, W/O.ANTONY, ADAMPOOKULAM HOUSE, VADAKKE ANGADY, KORATTY. 4. JOSEPH, AGED ABOUT 85, S/O.LATE GERVASIS AMBATTU, ALUVA WEST VILLAGE, ALUVA (NO SHARE ALLOTTED) 5. BABU, AGED ABOUT 46, S/O.JOSEPH, AMBATTU HOUSE, ALUVA WEST VILLAGE, ALUVA. 6. TESSY JOSEPH, AGED ABOUT 70, W/O.LATE JOSEPH, AMBATTU HOUSE, NEAR PAULSON DISTILLARY, MURINGOOR. 7. RAJESH.T.JOSEPH, AGED 43, S/O.LATE JOSEPH, AMBATTU HOUSE, NEAR PAULSON DISTILLARY, MURINGOOR. 8. MAREENA RABEL, AGED 45, D/O.LATE JOSEPH, H.NO.6-3-171/10, READDY APPARTMENT, JAI NAGAR COLONY, NEW BHOIJUDA, SECUNDERABAD. 9. SEENA THOMAS, AGED ABOUT 40, D/O.LATE JOSEPH, KAVALAKKATTU HOUSE, PARAPPURAM, KUZHUR P.O. 10. SHERLY DAVIS, AGED ABOUT 67, W/O.LATE DAVIS, AMBATTU HOUSE, BEHIND TOWN HALL, ERNAKULAM NORTH. 11. SAMSON DAVIS, AGED ABOUT 45, S/O.LATE DAVIS, AMBATTU HOUSE, BEHIND TOWN HALL, ERNAKULAM NORTH. 12. STALIN DAVIS, AGED ABOUT 42, S/O.LATE DAVIS, AMBATTU HOUSE, BEHIND TOWN HALL, ERNAKULAM NORTH. 13. SOLOMON DAVIS, AGED 39, S/O.LATE DAVIS, AMBATTU HOUSE, BEHIND TOWN HALL, ERNAKULAM NORTH. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.1076/08 IN C.R.P.NO.391/2008 22.5.08 DISMISSED Sd/- M.Sasidharan Nambiar Judge M.Sasidharan Nambiar,J. ======================= C.R.P No.391 of 2008 ======================= Dated this the 22nd day of May 2008 O R D E R Petitioners filed an application for passing of final decree pursuant to the preliminary decree in O.S.326/1994 on the file of Munsiff Court, Aluva as confirmed by District Court, North Paravur in A.S.36/1999. Learned Munsiff returned the final decree application to represent the same curing the defects. This revision petition is filed under section 115 of the Code of Civil Procedure contending that the reasons stated by the learned Munsiff are not sustainable. It is submitted that the legal heirs of those defendants, who died, were already impleaded in A.S.36/1999 and they were shown in the final decree application and therefore there is no necessity to implead them separately by filing an impleading application. It was also submitted that some of the shares were already purchased and it is not necessary to pass a CRP 391/08 2 supplementary preliminary decree. These are matters which are to be stated by the petitioners before the trial court. In view of proviso to Section 115 of the Code of Civil Procedure, revision is not maintainable. Petitioners are at liberty to represent the final decree application explaining the reasons as stated in this petition. If so represented learned Munsiff to pass appropriate orders in the application in accordance with law. Civil Revision Petition is dismissed with the observation made earlier. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008