IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 15090 of 2010(O) -------------------------- OS.412/1996 of MUNSIFF COURT, THALASSERY .................... PETITIONER: --------------- P.M.SUGATHAN, S/o.P.M.BAPPUTTY, ENGINEER, KALLAYI AMSOM, PUNNEL DESOM. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: --------------- 1. SUDEEP @ C.K.VIVEK, S/O.VIJAYARAGHAVAN, 36 YEARS, HOUSE No.18, CHOVVA HOUSING COMPLEX, KANNUR. 2. NIVEDITHA BALARAM, W/O.BALARAM, LEELALAYAM, KANNUR -6. 3. O.K.PREMAVALLY, D/O.BALARAM, 65 YEARS, OCCUPATION NIL, SRINAGAR, B.R.PURAM, PODAMEDU, COIMBATORE. 4. O.K.KANAKARAJ, S/O.BALARAM, NEAR CHALAD TEMPLE, KANNUR-14. 5. O.K.KANAKARANI, D/O.BALARAM, 54 YEARS, HOUSE NO.18, CHOVVA SHOPPING COMPLEX, KANNUR-6. 6. O.K.PREMARAJ, S/O.DR.BALARAM, 58 YEARS, ESTATE MANAGER, ROCK WOOD ESTATE, BAGAMANDAPPA, MARCAR KODAGU, PANNIYA, KARNATAKA. 7. O.K.VINAYARAJ, S/O.DR.BALARAM, PROPRIETOR, KANNAN AUTOMOBILES, LEELALAYAM, KANNUR. WP(C).No. 15090 of 2010(O) 2 8. O.K.DINARAJ, S/O.DR.BALARAM, ADVOCATE, 51 YEARS, LEELALAYAM, CHOVVA, KANNUR. 9. SUGANTHA DEEPA @ DEEPA, D/O.SUGATHAN, ENGINEER, SRINAGAR, B.R.PURAM, PODAMEDU, COIMBATORE-6. 10. P.M.DAMODARAN, S/O.BAPPUTTY, PARAKANDIYIL, KALLAI AMSOM, PUNNEL DESOM. 11. PUTHUKUDY VADAVATHI CHANDRAN, S/O.KRISHNAN, 61 YEARS, DOCTOR, KUTHUPARAMBA, AMSOM, AMBILOD DESOM. 12. P.SUJATHA, W/O.P.V.CHANDRAN, 40 YEARS, KODIERI AMSOM, DESOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.15090 of 2010 --------------------------------------- Dated this 18th day of May, 2010 JUDGMENT Heard counsel for petitioner. 2. Petitioner is supplemental defendant No.9 in a suit for partition, O.S.No.412 of 1996 of the court of learned Munsiff, Thalassery. The suit was instituted by respondent No.1 claiming 1/10th share and separate possession of the suit property. A preliminary decree was passed on 29-11-1999 allowing partition and separate possession of the 1/10th share of respondent No.1 but since the petitioner and other defendants did not pay the court fee, the court did not declare their share. On the request of respondent No.1, a final decree proceeding is pending. In the meantime, petitioner and some of the other defendants field I.A.No.896 of 2008 for passing supplementary preliminary decree so that their shares are also declared. Respondent No.1/defendant No.1 has filed objection to that application. Grievance of petitioner is that the said application has not been disposed of and hence a direction is sought for expeditious disposal of the said application. Having regard to the facts and circumstances of the case I direct learned W.P.C.No.15090 of 2010 : 2 : Munsiff, Thalassery to dispose of I.A.No.896 of 2008 as expeditiously as possible. The writ petition is disposed of accordingly. (THOMAS P JOSEPH, JUDGE) Sbna/-