IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 RSA.No. 647 of 2011() --------------------- AS.43/2004 of SUB COURT, OTTAPPALAM OS.220/2002 of MUNSIFF COURT, OTTAPPALAM .................... APPELLANTS / RESPONDENTS/PLAINTIFFS ----------------------------------------------------------------- 1. SANTHA ANTHARJANAM, D/O. EDAMANA MANAKKAL VASUDEVAN NAMBOODIRIPPAD AND W/O. VEMANCHERI MANAKKAL BRAHMADATHAN NAMBOODIRIPPAD, THANIKKUNNU AMSOM, KODARMANNA DESOM, OTTAPALAM TALUK. 2. LEELA ANTHARJANAM, W/O. KOZHITHAL MANAKKAL GODEN NAMBOODIRIPPAD THANIKUNNU AMSOM, KODAMANNA DESOM, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): APPELLANTS/LRS OF DEFENDANT ------------------------------------------------------------------------------ 1. UMADEVI, W/O. LATE SRI, KRISHNNAN NAMBOODIRIPPAD, EDAMANA MANA @ CHUNDAKKA MANA, THANIKKUNNU AMSOM, KODAMANNA DESOM, OTTAPALAM TALUK. 2. PARAMESWARAN, S/O. LATE SHRI. KRISHNAN NAMBOODIRIPAD, -DO- 3. JYOTSANAN, D/O. LATE SHRI. KRISHNAN NAMBOODIRIPAD, -DO- THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.S.A. No. 647 OF 2011 =========================== Dated this the 11th day of July,2011 JUDGMENT Plaintiffs in O.S.No.220/2002 on the file of Munsiff's Court, Ottapalam are the appellants. Plaintiffs are challenging the judgment passed by Sub Court, Ottapalam in A.S.43/2004, whereunder the decree granted by the trial court was reversed by the first appellate court. The suit was filed for realisation of the owelty amount with interest as awarded under Ext.A1 final decree in O.S.155/1988. It is admitted case that a preliminary decree for partition was passed in O.S.155/1988 on 13.3.1991. Later a final decree was passed on 30.5.1992. The shares due to five sharers who did not pay court fee including the appellants, were kept unallotted under the final decree. Subsequently another R.S.A.647/2011 2 final decree was passed in I.A.1792/1996 whereunder an owelty amount of Rs.83,246.99 was directed to be paid including the share due to the appellants. The share allotted to the respondents was made a charge for the amount. The suit was filed for realisation of the amount due to the plaintiffs namely Rs.16,649.39, being owelty amount awarded under Ext.A1 final decree, contending that as no interest was provided in the final decree a suit is maintainable. Though learned Munsiff granted a decree, learned Sub Judge on proper appreciation of the facts found that a separate suit will not lie and the remedy of the appellants is only to claim interest in the final decree proceedings and no separate suit will lie. The appeal was allowed and the suit was dismissed. It is challenged in the second appeal. 2. Learned counsel appearing for the appellants was heard. 3. The argument of the learned counsel is that though owelty amount was fixed in the final decree R.S.A.647/2011 3 proceedings, no interest was provided and therefore a suit will lie. 4. On hearing the learned counsel, I do not find any substantial question of law involved in the appeal. 5. The suit is for realisation of the owelty amount fixed under the final decree. If the grievance of the appellants is that while passing the final decree no interest is made payable for the owelty amount, the remedy is to challenge the final decree and not a separate suit as rightly found by the first appellate court. Hence appeal is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006