IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 17581 of 2010(O) -------------------------- EP NO.35/2010 IN OS.223/2004 of MUNSIFF COURT, VAIKOM .................... PETITIONER(S): --------------- 1. SUNI ALPHONES, W/O. ALPHONES, AGED 35 YEARS, SRAMBIKAL HOUSE, MUTTABALAM, KANJIKUZHI, KOTTAYAM. 2. SINI SEBASTIAN, D/O. SEBASTIAN, AGED 33 YEARS, VELINJALIL HOUSE, MEMURI P.O., KOTTAYAM. BY ADV. SRI.P.A.ABDUL JABBAR SRI.A.S.ANILKUMAR (VANCHIMALA) RESPONDENT(S): --------------- 1. JANOVA, W/O. CHACKO, VELINJALIL HOUSE, MEMURI KARA, MANJOOR VILLAGE, VAIKOM TALUK. 2. NIMMY JOY, W/O. JOY V.JOHN, 2730, WEST GIDDING STREET, CHIKKAGO, ILLINEWYIS-60625, U.S.A. 3. MINI, W/O. AUGUSTAN, KONAPALLIL HOUSE, KADAVOOR, VECHOOR, KOLLAM. 4. THOMAS KUTTY, VELINJALIL, MEMURI, MANJOOR, KOTTAYAM DISTRICT. 5. ALPHONS, SRAMBIKKAL HOUSE, MUTTAMBALAM, KANJIKUZHI, KOTTAYAM. ADV. SRI.MATHEW PHILIP EDAPPALLIL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.17581/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE SURVEY PLAN SUBMITTED IN OS 223/2004 EXT.P2 TRUE OPY OF THE FINAL JUDGMENT PASSED IN OS 223/2004 EXT.P3 TRUE COPY OF THE PRELIMINARY JUDGMENT PASSED I OS 223/2004 EXT.P4 TRUE COPY OF THE NOTICE ISSUED TO THE ADVOCATE COMMIISSIONER BY THE FIRST PETITIONER EXT.P5 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE FIRST PETITIONER EXT.P6 TRUE COPY OF THE COMMISSION REPORT FILED IN OS NO.223/2004 EXT.P7 TRUE COPY OF THE PETITION FILED BEFORE THE MUNSIFF COURT, VAIKOM AS EA NO.200/2010 EXT.P8 TRUE COPY OF THE PETITION FILED BEFORE THE MUNSIFF COURT, VAIKOM AS EA NO.215/2010 EXT.P9 TRUE COPY OF THE PETITION FILED BEFORE THE MUNSIFF COURT, VAIKOM AS EA NO.216/2010 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17581 of 2010 -------------------------------------- Dated this the 27th day of September, 2010. JUDGMENT This Writ Petition is filed by judgment debtor Nos.3 and 4 in E.P.No.35 of 2010 in O.S.No.223 of 2004 of the court of learned Munsiff, Vaikom. Respondent No.1/plaintiff is executing a final decree for partition. Grievance of petitioners is that Advocate Commissioner has without the assistance of a Surveyor attempted to effect delivery of property as per Ext.P1, plan and if that is done their access to that part of building allotted to them will be cut off. I have heard learned counsel on both sides. 2. As per the final decree in the case plot ABCDGHA is allotted to respondent No.1 while plot GDEFG is allotted to the petitioners. The dividing line between the properties is GD line in the plan. As per the final decree, portion on the south of GD line should go to the petitioners while the portion falling on the north of GD line goes to respondent No.1. Apprehension of petitioners is that if delivery is not effected in the presence of the Surveyor who prepared Ext.P1, plan, right of access to that part of the building allotted to the petitioners will be cut off. WP(C) No.17581/2010 2 3. What is required is to direct that while delivery is effected as per the final decree as aforesaid the Surveyor who prepared Ext.P1, plan also shall be present and the respective plots with that portion of the building falling therein shall be allotted to the parties as per the final decree. Resultantly this Writ Petition is disposed of directing that delivery of property shall be effected in the presence of the Surveyor who prepared Ext.P1, plan and that plot ABCDGHA together with that portion of the building coming within that shall be delivered to respondent No.1 while plot GDEFG together with that portion of the building coming within that plot shall be delivered to petitioners. THOMAS P.JOSEPH, Judge. cks