IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 RSA.No.467 of 2008 (E) ---------------------------- AS.55/2005 of SUB COURT,KOCHI OS.51/2004 of PRL.M.C., KOCHI .................... APPELLANT/1ST APPELLANT IN A.S./1ST PLAINTIFF IN O.S ----------------------------------------------------------------------- ASHOK KUMAR, S/O R.P. PARAMESWARAN, AGED 54, RESIDING AT C.C.10/1440, FORT KOCHI VILLAGE, KOCHI TALUK. BY ADV. SMT.R.RANJINI RESPONDENTS: RESPONDENTS IN A.S/DEFENDANTS IN O.S.:- ------------------------------------------------------------------------ 1. RAVEENDRAN, S/O LATE R.P. PARAMESWARAN, AGED 55,H.NO.7/252, SOUTH CHITTOOR, COCHIN -27. 2. RAJESWARI,W/O P.K. VIJAYAN, AGED 46, RESIDING AT E-A AUTO HEMCE ON ANKALASWAR, GUJARATH, C/O H.NO. 7/252 SOUTH CHITTOOR, COCHIN -27. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ R. S. A. No.467 of 2008 ------------------------------------------------ Dated this the 24th day of June, 2008 JUDGMENT When this R.S.A came up for admission hearing, arguments of the counsel for the appellant were heard and being convinced that there is no question of law to be urged before this Court in R.S.A, counsel for the appellant submitted that at least notice be ordered to respondents for the limited purpose of having the R.S.A referred to Adalath to see whether a compromise can be arrived at, the parties being brothers and sister. Accordingly, notice was issued and respondents have entered appearance through Advocate Sri.Babu Karukapadath. He submits on behalf of respondents 1 and 2 that the property which is subject matter of partition having only 4 and odd cents was found to be not feasible to be divided equally so as to render the plots R. S. A. No.467 of 2008 -2- worthy to be put to use and so in final decree proceedings, the property was ordered to be put to auction among the sharers and accordingly, auction was conducted and that in the auction respondents 1 and 2 jointly bid the property for an amount of Rs.18 lakhs and odd; that out of the proportionate amount due to the appellant from therein an amount of Rs.6,33,000/- and odd has been deposited and only a nominal amount remains to be deposited which happened on account of a mistake in calculation and that there is no scope for any compromise being effected between the parties at this stage. In the circumstances, counsel for the appellant submits that the appellant be granted at least three months' time to surrender vacant possession of the scheduled building in his occupation. Counsel for the respondents have no objection. R. S. A. No.467 of 2008 -3- 2. In the result, I dismiss this R.S.A as devoid of merit as no substantial question of law arises for consideration by this Court in this R.S.A, but at the same time, grant three months' time from today to the appellant to vacate and surrender possession of the scheduled building, shop rooms and the premises to the respondents. On no ground, further extension of time will be granted. K.P.BALACHANDRAN, JUDGE kns/-