IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 CRP.No. 887 of 2000(H) ----------------------------------- GAINST THE ORDER IN IA. 3044/1999 IN OS.3/1998 of IIND ADDL. MUNSIFF COURT,NEYYATTINKARA .................... REVN. PETITIONER(S): COUNTER PETITIONERS 7,8 & 10/ DEFENDANTS 7, 8 & 10 ------------------------------- 1. KOMPAN NADAR SATHYANESAN NADAR, ALAMPARA PURAYIDOM, VEERANAKAVU VILLAGE NEDUMANGADU. 2. G.S.RAN, D/O. JNANSELVAM, OF DO. DO. 3. EDWIN JAYARAJ, S/O. DEVADASAN, OF DO.DO. BY ADVS. MR.B.KRISHNA MANI MR.V.PREMCHAND RESPONDENT(S): PETITIONER & COUNTER PETITIONER 1 TO 6 & 9/ ---------------------------- PLAINTIFF & DEFENDANTS 1 TO 6 & 9 1. CHELLATHAMPY NADAR, S/O. DANIEL NADAR ELAMCHIRAKONATHU KUNNAMVILA NADUVILAPUTHEN VEEDU, EDAICODE DESOM, EDAICODE VILLAGE, VILAVANCODE TALUK, KANNYAKUMARI DISTRICT. *2. LILLIYAL, D/O. CHARLET, ALAMPARA PURAYEDATHIL KIZHE VEEDU, DO. DESOM PARASUVACKAL VILLAGE. 3. LILLIYAL JNANASELVAM, AMACHAL MURI, CHARIVUVILAKOM VEEDU, KULATHUMMAL VILLAGE, HAVING ALSO ALAMPARA VEEDU, DO. DESOM. **4. HAREES ELISA, ALAMPARATHEKKE PUTHEN VEEDU DO. DESOM, PARASUVACKAL VILLAGE (DIED) C.R.P. NO.887/2000 5. HAREES SELVANOSE, ALAMPARA KEEZHE VEEDU DO. DESOM. 6. DAVID, S/O. HAREES, VATTAKULATHU KALLIPATTAKUZHY VEEDU, VEERANAKAVU VILLAGE, NEDUMANGADU. 7. LUDIYAL D/O. LILLIYAL, ALAMPARA VEEDU, OF DO. DO. 8. JUSTIN G.S., ROSE, DO. DO. * NAME OF THE 2ND RESPONDENT IS CORRECTED AS CHARLEY D/O. LILLIYAL AS PER ORDER DTD. 12.7.2006 IN IA. 1595/2006. **RECORD THAT R4 HAS NO LEGAL REPRESENTATIVES TO BE IMPLEADED AS PARTIES IN THIS CASE AS PER ORDER DT.2.08.2008 IN MEMO DTD. 4.7.05 CF. NO.5299/05. R1 BY ADV. MR.G.S.REGHUNATH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMP. NO.1852/2000 IN CRP. NO.887/2000 DISMISSED 05/02/2010 SD/- S.S.SATHEESACHANDRAN, JUDGE TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.887 OF 2000 () ----------------------------------- Dated this the 5th day of February, 2010 O R D E R The revision is directed against the order dated 3.12.1999 in I.A.No.3044 of 2009 in O.S.No.3 of 1998 passed by the learned IInd Additional Munsiff, Neyyattinkara. The court below has appointed an Advocate Commission to conduct local inspection and ascertain the matters sought for by the plaintiff in the suit, which is one for partition. Respondents are some of the defendants in the suit who had resisted the suit claim contending that only the Family Court has jurisdiction to examine and consider the disputes canvassed in the suit. Order passed by the court below holding that it has jurisdiction to entertain the suit, repelling the contentions canvassed that the Family Court alone has jurisdiction, it is conceded, had been challenged before this Court by one among the defendants, 7th defendant, one among the petitioners in the present revision, filing another revision CRP.887/00 2 as C.R.P.No.308 of 2000. That revision had been dismissed by order dated 11.9.2007 negativing the challenge raised against the jurisdiction of the court below to entertain the suit. That being so, I find no further enquiry is called upon with respect to the merit of the order challenged in the revision. Revision is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.887 OF 2000 () ----------------------------------- O R D E R 5th day of February, 2010