IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 OP(C).No. 788 of 2011(O) ----------------------------------- [O.S. NO. 137/1992 OF THE MUNSIFF'S COURT, ALATHUR] ............... PETITIONER: ------------------- MURALEEDHARAN, S/O.LATE RAMAN EZHUTHACHAN, AGED 47 YEARS, OTTELIPADICKAL VEEDU, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY). RESPONDENTS: ------------------------ 1. ANANDAN, S/O.KRISHNAN EZHUTHACHAN, OTTELIPADICKAL VEEDU, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT-678 686. 2. KRISHNAN EZHUTHACHAN, S/O.SANKARAN EZHUTHACHAN, MANJHU ROAD, MUCHERI, KONGADU, PALAKKAD DIST-678 001. 3. SURESH, S/O.RAMAN EZHUTHACHAN, OTTELIPADICKAL VEEDU, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT-678 541. 4. KARTHYAYANI, W/O.RAMAN EZHUTHACHAN, OTTELIPADICKAL VEEDU, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT-678 541. 5. NALINI, D/O.RAMAN EZHUTHACHAN, OTTELIPADICKAL VEEDU, KARAPOTTA, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT-678 541. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO.788 OF 2011 ------------------------------- DATED THIS THE 24TH DAY OF FEBRUARY, 2011 JUDGMENT This original petition is filed seeking the following reliefs: “Issue an order setting aside Exts.P3 to P6 orders dated 13/1/2011 for the ends of justice and direct the Munsiff's Court, Alathur to accept the separate court fees of the petitioner and other applicants to avoid further litigation, for the ends of justice.” 2. Petitioner is the 3rd defendant in O.S.No.137/92 on the file of the Munsiff's Court, Alathur. The suit is filed for partition. The trial court passed a preliminary decree on 24/6/1993. As per the preliminary decree the plaint schedule property was directed to be divided into five equal shares by allotting one such share to the plaintiff. The plaintiff filed a final decree application I.A.No.1181/2001 to get allotment of share of property in terms of a preliminary decree. Ext.P1 is the final decree and judgment passed by the Munsiff's Court, Alathur. Plaint B schedule property -2- O.P(C).No.788/2011 in Ext.C2a plan is allotted to the share of the plaintiff. 2nd defendant is the father of the plaintiff. Plaint A schedule in Ext.C2a plan is allotted to the share of respondents 3 to 6, who are defendants 1, 3 and 4. 3. Petitioner and other defendants preferred A.S.No.11/109 challenging the final decree and judgment passed by the learned Munsiff. The Appellate Court dismissed the appeal confirming the decision of the learned Munsiff. The second appeal preferred by the same appellants ended in dismissal. Thus. the preliminary decree and final decree in the partition suit have become final. 4. The petitioner, 4th defendant and the legal heirs of the lst defendant filed inter locutory applications requesting the court to receive separate court fee to get separate allotment of their share. Exts.P3 to 6 are the orders passed in the application submitted by defendants 3, 4 and the legal heirs of the lst defendant. As stated above, the preliminary decree was passed as early as in 1993. -3- O.P(C).No.788/2011 Subsequently, the final decree was also passed on 30th September, 2009 . In the final decree proceedings alo there was no request on the part of the defendants 1, 3 and 4 for separation of their share. 5. In Ext.P4 the learned Munsiff observed that final decree is already passed in this case by jointly allotting petitioner's shares along with respondents 2, 3, 5 and 6. Therefore, the petition was dismissed. In the facts and circumstances, I find that no valid grounds are made out by the petitioner to sustain I.A.No.1131/2010 and connected IAs filed by the petitioner, the 4th defendant and the legal heirs of the deceased lst defendant for the aforesaid reliefs. Original Petition is without merit and accordingly dismissed. HARUN-UL-RASHID, Judge. kcv.