IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).NO. 3223 OF 2011(O) -------------------------------------- OS.390/1984 OF MUNSIFF COURT,CHAVAKKAD .................... PETITIONER/PLAINTIFF: ----------------------------------- RAJAGOPALAN, S/O.PANIKKETTY KUMARAN, NATTIKA AMSOM DESOM, CHAVAKKADU TALUK, PIN-680 566. BY ADV. SRI.P.K.RAJAGOPALAN-PARTY IN PERSON RESPONDENT(S): RESPONDENTS/DEFENDANTS ---------------------------------------------------------------------- 1. KUMARAN, S/O.PANIKKETTY GOVINDAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK (DIED). 2. SIVASANKARAN, S/O.KUMARAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK, PIN-680 566. 3. JANARDHANA, S/O.KUMARAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK (DIED). 4. THARA, W/O.PANIKKETTY JANARDHANAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK-680 566. 5. URMILA, D/O.PANIKKETTY LATE KUMARAN ANDW /O. KARAYIL RAMAKRISHNAN, KAIPAANGALAM VILLAGE DESOM, KODUNGALLUR TALUK, PIN-680 681. 6. GOURY, D/O.PANIKKETTY LATE KUMARAN AND W/O.CHEMPIPARAMBIL PULLANI VASUDEVAN, PAPPINAD DESOM, MATHILAKOM VILLAGE, KODUNGALLUR TALUK, PIN-680 685. 7. SANTHAKUMARI, D/O.PANIKKETTY LATE KUMARAN AND W/O.KATTINGAL MADHAVAN, KATTUR VILLAGE DESOM, MUKUNDAPURAM TALUK (DIED). 8. RAMANI, D/O.PANIKKETTY LATE KUMARAN AND W/O.PAZHANGAMPARAMBIL NARAYANADAS, KARIATTUKARA DESOM, ARANATTUKARA VILLAGE, THRISSUR TALUK, PIN-680 618. 9. MADHAVI, W/O.PANIKKETTY LATE KUMARAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK (DIED) 10. MADHAVAN, S/O.KATTUNGAL VELAYI AND H/O. SANTHAKUMARI (R7), KATTUR VILLAGE DESOM, MUKUNDAPURAM TALUK, PIN-680 702. 11. BIJOY, S/O.KATTUNGAL MADHAVAN AND LATE SANTHAKUMARI, KATTUR VILLAGE DESOM, MUKUNDAPURAM TALUK, PIN-680 702. 12. BINOY, S/O.KATTUNGAL MADHAVAN AND LATE SANTHAKUMARI, KATTUR VILLAGE DESOM, MUKUNDAPURAM TALUK, PIN-680 702. 13. RAJEEV, S/O.PANIKETTY JANARDHANAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK, PIN-680 566. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3223 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29TH JULY, 2011 IN I.A. NO.1141OF 1997 IN O.S. NO.390 OF 1984 OF THE MUNSIFF'S COURT, CHAVAKKAD. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3223 of 2011 ==================================== Dated this the 10th day of October, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.390 of 1984 of the court of learned Munsiff, Chavakkad. A preliminary decree for partition was passed in the case and that was confirmed in appeal and second appeal. Petitioner filed I.A. No.1141 of 1997 to pass a final decree. That application was dismissed for the reason that the preliminary decree in the case stands superseded by the preliminary decree in O.S. No.192 of 1990 and hence no final decree could be passed as prayed for in I.A. No.1141 of 1997. Prayer in this petition is to direct learned Munsiff to set aside the order dated 29.07.2011 on I.A. No.1141 of 1997. 2. Petitioner appeared in person and argued the case. According to the petitioner the order is unsustainable. 3. The order dismissing I.A. No.1141 of 1997 refusing to pass a final decree is an order coming under Sec.2(2) of the Code of Civil Procedure and hence appelable. A learned Single Judge of this Court in Perumal Vadayar And Others v. Devi and Others (1991 [1] KLJ 65, paragraph 17) has held that an order O.P(C) 3223 of 2011 -: 2 :- refusing to pass a supplementary preliminary decree is appealable. If that be so, the order refusing to pass final decree is also appealable. Petitioner has to challenge the impugned order as provided under law. Without prejudice to that right of petitioner this Original Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv