IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 OP(C).No. 3470 of 2011(O) -------------------------------- OS.131/2008 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONER --------------- JOHNSON, AGED 50 YEARS, S/O.CHAKKUNNY, CHAKKALAPARAMBIL, OOKKAN HOUSE, EDAKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK. BY ADVS. SRI.A.BALAGOPALAN SRI.SOJO J.KALLIDUKIL SRI.M.S.IMTHIYAZ AHAMMED SRI.MANJERI SUBIN SUNDER RAJ RESPONDENT(S): -------------------- 1. MERCY, AGED 61YEARS, D/O.CHAKKUNNY, CHAKKALAPARAMBIL,OOKKAN HOUSE, EDAKULAM DESOM,POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK,W/O.PANJIKKARAN GEORGE, POYYA VILLAGE AND DESOM,KODUNGALLOOR TALUK 2. GOPALAN KUTTY @ BALAN, AGED 59 YEARS,S/O PACHERY MANI, IRINJALAKUDA VILLAGE, CHRIST COLLEGE ROAD, MUKUNDAPURAM TALUK. 3. VALSALA, AGED 63 YEARS, W/O.PACHERI VISHWAMBARAN, EDAKULAM DESOM POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK. 4. MADHU, AGED 37 YEARS, S/O.PACHERI VISHWAMBARAN, EDAKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK. Svs ..........2/-... ...2... OPC. NO.3470/2011 5. MANIKUTTAN @ ARUL, AGED 42 S/O.PACHERI VISHWAMBARAN, EDAKULAM DESOM POOMANGLAM VILLAGE, MUKUNDAPURAM TALUK. 6. MINI, AGED 40 YEARS, D/O.PACHERI VISHWAMBARAN, EDAKULAM DESOM POOMANGLAM VILLAGE, MUKUNDAPURAM TALUK. 7. BABY DASAN, W/O.KORAMBIL DASAN, EDAKULAM DESOM POOMANGLAM VILLAGE, MUKUNDAPURAM TALUK. 8. MALLIKA, W/O.THARAYIL KUMARAN, EDAKULAM DESOM POOMANGLAM VILLAGE, MUKUNDAPURAM TALUK. 9. SALIL, S/O.VADAPPARAMBIL KRISHNAN, EDAKULAM DESOM POOMANGLAM VILLAGE, MUKUNDAPURAM TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 3470/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT IN O.S.131/2008 OF SUB COURT, IRINJALAKUDA P2: COPY OF I.A. 2136/2011 IN O.S.131/2008 OF SUB COURT, IRINJALAKUDA. P3: COPY OF ORDER IN I.A.2136/2011 IN O.S.131/2008 OF SUB COURT, IRINJALAKUDA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3470 of 2011 -------------------------------------- Dated this the 31st day of October, 2011. JUDGMENT Petitioner filed O.S.No.131 of 2008 in the court of learned Principal Sub Judge, Irinjalakkuda for partition of the suit property. Respondents 2 to 4 filed written statement and counter claim . Learned Sub Judge passed Ext.P1, judgment granting preliminary decree in favour of petitioner for partition and dismissing counter claim of respondents 2 to 4. Petitioner was granted 5/18 shares. Petitioner filed Ext.P2, application for review claiming that there is an arithmetical mistake in the judgment in calculating the shares. That application was dismissed by Ext.P3, order for the reason that an appeal against judgment and decree is pending. That order is under challenge. 2. Learned counsel has contended that the application for review is maintainable notwithstanding pendency of the appeal. It is also contended that petitioner is entitled to get 13/18 shares but, learned Sub Judge passed Ext.P1, judgment allowing only 5/18 shares to the petitioner. That according to the learned counsel is an error apparent on the face of the record. 3. I have gone through Ext.P1, judgment. There, nowhere there is any discussion regarding shares which either petitioner or contesting respondents are entitled to. Instead, only in the decreetal portion learned Sub Judge has observed that the property will be divided into 18 equal shares and petitioner will OP(C)No.3470/2011 2 get 5 shares. In that view of the matter, I am unable to say, assuming that petitioner is entitled to 13/18 shares that there is an arithmetical mistake in the judgment. If allotment of share made by the learned Sub Judge is not correct, petitioner has to take appropriate steps against the judgment and decree and not by way of a review. In that view of the matter, leaving petitioner to appropriate remedy as available to him under law so far as claim for 13/18 shares is concerned, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks