IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 OP(C).No. 3853 of 2011(O) ------------------------------------- IA. 683/2010 IN OS.21/2008 OF THE MUNSIFF COURT, ALATHUR ............. PETITIONER ------------------ T.V.JANARDHANAN, S/O.NANIKUTTY AMMA, RESIDING AT THEKEVELUTHAKKAL VEETIL, PADINHARATHARA, VANDAZHY AMSOM DESOM, ALATHUR TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADVS. SMT.M.M.DEEPA SRI.V.A.JOHNSON VARIKKAPPALLIL SRI. UNNI SEBASTIAN KAPPEN RESPONDENT(S): -------------------------- LAKSHMIKUTTY AMMA, D/O.THEKEVELUTHAKKAL VEETIL NANIKUTTY AMMA, VANDAZHY AMSOM DESOM, RESIDING AT SREENILAYATHIL, ANJUMOORTHY, VALLIYOD, MANGALAM AMSOM DESOM, ALATHUR TALUK.678 541. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPC. NO.3853/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FINAL DECREE APPLICATION DTD. 21.6.2010 FILED BY THE RESPONDENT. P2:- COPY OF THE PRELIMINARY DECREE DTD. 30.11.2009 IN OS. 21/08 ON THE FILE OF THE COURT OF THE MUNSIFF, ALATHUR. P3:- COPY OF THE OBJECTION FILED BY THE PETITIONER. P4:- COPY OF THE INTERIM REPORT DTD. 8.3.2011 ALONG WITH SURVEY PLAN FILED BY THE ADVOCATE COMMISSION. P5:- COPY OF THE ORDER DTD. 8.7.2011 INFD INA. 683/2010 IN OS. 21/08 OF THE MUNSIFF COURT, ALATHUR. P6:- COPY OF THE DREAFT SALE CONDITIONS DTD. 27.10.2011 FILED BY THE ADVOCATE COMMISSIONER. P7:- COPY OF THE OBJECTION DTD. 17.10.2011, FILED BY THE PETITIONER TO DRAFT SALE CONDITIONS. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3853 of 2011 -------------------------------------- Dated this the 15th day of December, 2011. JUDGMENT Defendant in O.S.No.21 of 2008 of the court of learned Munsiff, Alathur is the petitioner, challenging Ext.P5, order dated 08.07.2011 permitting the Advocate Commissioner to proceed with auction as per rules as suggested by him. 2. That order was passed pursuant to a preliminary decree for partition. As per the compromise reached between the parties which culminated in the preliminary decree, petitioner was to purchase 4/5th shares of the respondent but, for one reason or the other, that did not materialise. It is thereon that the Advocate Commissioner suggested auction which learned Munsiff permitted by Ext.P5, order. 3. It is submitted that in the meantime, auction was held on 25.11.2011. 4. Learned counsel for petitioner submits that petitioner intends to file application before the learned Munsiff to set aside the auction sale. 5. In the light of that submission it is not necessary to pursue this Original Petition. OP(C)No.3853/2011 2 Resultantly this Original Petition is closed without prejudice to the right if any, of petitioner to challenge the auction sale held on 25.11.2011 as provided under law. THOMAS P.JOSEPH, Judge. cks