IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 7654 of 2007(J) ------------------------- OS.205/1996 of MUNSIFF COURT, VADAKARA .................... PETITIONER(S): --------------- CHERUVALATH KELOTH DHARMADAS, AGED 58 YEARS, S/O.KRISHNAN, MERCHANT, VADAKARA AMSOM DESOM, NOW RESIDING AT "SAI KRISHNA", PALLIKKUNNU AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): --------------- 1. CHERUVATH KELOTH RAGHAVAN, S/O.KRISHNAN, AGED 72 YEARS, RESIDING AT CHERUVALATH KELOTH HOUSE, VADAKARA AMSOM AND DESOM, VADAKARA (PO), KOZHIKODE DISTRICT. 2. CHERUVALATH KELOTH KOUSALYA, AGED 74 YEARS, D/O.KRISHNAN, NO OCCUPATION, RESIDING AT PALATHINDA VIDA PARAMBIL, VADAKARA AMSOM AND DESOM, VADAKARA (PO), KOZHIKODE DISTRICT. 3. CHERUVALATH KELOTH MUKUNDAN, S/O.KRISHNAN, MERCHANT, RESIDING AT VELUTHA PARAMBATH, VADAKARA AMSOM AND DESOM, VADAKARA (PO), KOZHIKODE DISTRICT. WPC.NO.7654/07 4. CHERUVALATH KELOTH RAMACHANDRAN, AGED 67 YEARS, MERCHANT, RESIDING AT KRISHNA DEEPTHI, NEAR KEERTHI TALKIES, VADAKARA AMSOM AND DESOM, VADAKARA (PO), KOZHIKODE DISTRICT. 5. CHERUVALATH KELOTH SAROJINI, D/O.KRISHNAN, MERCHANT, RESIDING AT HILL VIEW (HOUSE), KATALUNDY AMSOM DESOM, KOZHIKODE DISTRICT. 6. CHERUVALATH KELOTH SARASWATHI, OCCUPATION NIL, NEAR K.T.C. OFFICE, C.A.ROAD, KOZHIKODE KASABA AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 7. CHERUVALATH KELOTH PUSHPAVALLI, NO OCCUPATION, RESIDING AT KOLLARAM PARIKKAL, AMBALAKULANGARA, VADAKARA (PO), KOZHIKODE DISTRICT. 8. CHERUVALATH KELOTH DEVAYANI, NO OCCUPATION, RESIDING AT LAKSHMIVAS, VELLOOR AMSOM, KANDOTH DESOM, PAYYANNUR. 9. CHERUVALATH KELOTH DEVADASAN, MERCHANT, RESIDING AT NEAR VADAKARA HEAD POST OFFICE, VADAKARA AMSOM, DESOM, VADAKARA TALUK. 10. CHERUVALATH KELOTH JAYANTHI JAYAKRISHNAN, NO OCCUPATION, RESIDING AT DAYA, NEAR MUNICIPAL SCHOOL, KANNUR. 11. CHERUVALATH KELOTH RAJAGOPALAN, RESIDING AT MANYAMBATH, KARIMBANAPALAM, VADAKARA AMSOM DESOM, KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 7654 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2009 JUDGMENT This writ petition is remaining defective for want of service of notice to respondents 3, 6 and 8. Counsel for the petitioner submits that the contesting party is the first respondent. He is served , but there was no appearance for him. Therefore, notices to respondents 3, 6 and 8 are disposed with. 2. Heard the counsel for the revision petitioner. 3. The petitioner was the plaintiff in a suit for partition O.S.NO.205/1996 on the file of Munsiff Court, Vadakara and that he is entitled to 1/12 the share over the suit property . A preliminary decree was passed and in the final decree proceedings, the Advocate Commissioner submitted plan and report. The first respondent in the writ petition who is the second respondent in the final decree proceedings filed objections to the plan and report and filed I.A.No. 1476/05 to remit the plan and report. The writ petitioner was not able to file objections to that I.A. as he was laid up. Therefore, the lower WPC.No.7654/07 2 court allowed that petition and remitted the plan and report of the Advocate Commissioner for a further report. The writ petitioner filed I.A.No.1216/2006 for reviewing the said order. But by Ext.P2 order dated January 18, 2007 , the lower court rejected that petition stating that the Commissioner should consider all the objections raised by the parties and file a second report. I find no illegality or grave error in the order passed by the lower court. That being so, the writ petition has to be dismissed. However, the writ petitioner is at liberty to raise all his objections regarding the second report to be filed by the Advocate Commissioner before the lower court and the lower court shall consider all his objections raised therein. The writ petition is disposed of as found above. P.Q.BARKATH ALI JUDGE sv. WPC.No.7654/07 2