IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 OP(C).No. 1471 of 2011(O) ------------------------- OS.135/2006 of SUB COURT, MUVATTUPUZHA .................... PETITIONER: ---------------------- M.M.ALIYAR, ADVOCATE (ADVOCATE COMMISSIONER), VELLOORKUNNAM, MARKET ROAD, MOOVATTUPUZHA. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): --------------- 1. SANDYA, AGED 47, D/O.NARAYANAN NAMBOODIRI, CHERUVALLYOLLAM, ALAPURAM, ELANJI, PIN 686 514. 2. PRASANNA PRASAD, B-4, LUNKED COLONADE 502, VIMAN NAGAR, PUNE-411 014, MAHARASHTRA. 3. MENA, AGED 41, S/O.NARAYANAN NAMBOOTHIRI, CHERUVALLYOLLAM, ALAPURAM, ELANJI, PIN 686 514. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1471/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: A PHOTOSTAT COPY OF THE COMMISSION APPLIATION DATED 16.7.2010 EXT.P2: COPY OF THE INTERIM REPORT DATED 6.9.2010 EXT.P3: COPY OF THE FINAL REPORT DATED 1.1.2011 EXT.P4: COPY OF THE MEMO SUBMITTED ON 11.1.2011 RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. ----------------------------------- O.P.(C).No.1471 of 2011 ------------------------------------ Dated this the 21st day of June, 2011 JUDGMENT The Original Petition is filed by the Advocate Commissioner appointed in the final decree proceedings for partition in O.S.No.135 of 2006 on the file of the court of the Subordinate Judge of Muvattupuzha. The Commissioner stated in Exhibit P4 memo filed by him for additional remuneration that 13 items of immovable property having a total extent of about 12 Acres were partitioned by metes and bounds with the help of the Surveyor. It is also stated that the Commissioner's batta was fixed at ` 2,500/- and the Surveyor's batta was fixed at ` 1,500/-. The Commissioner stated in Exhibit P4 memo that it took nine days for him to measure the properties and five days for preparing the plans. It is also stated that it took three days' time to prepare the report. Exhibit P4 memo was filed on 11.1.2011. The grievance of the petitioner is that the court below has not taken a final decision in the matter. OP(C) No.1471/2011 2 2. In the nature of the matter pending before the court below and since no final decision is being taken in this Original Petition, I do not think it is necessary to issue notice to the respondents. 3. The Commissioner submitted the report and plan. The court below fixed a very nominal amount as the Commissioner's initial remuneration. It is necessary to fix the additional remuneration payable to the Commissioner and the Surveyor. A memo was filed in that regard by the Commissioner. It is only proper that the court below is directed to dispose of Exhibit P4 memo dated 11.1.2011 submitted by the Commissioner claiming additional remuneration. Accordingly, the Original Petition is disposed of. The Sub Court, Muvattupuzha shall consider Exhibit P4 memo submitted by the Commissioner and pass appropriate orders after hearing the parties, as expeditiously as possible. K.T.SANKARAN JUDGE csl