IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 FAO.No. 182 of 2009() --------------------- AGAINST THE ORDER IN IA.1822/09 IN IA.989/80 IN OS.99/1966 of PRINCIPAL SUB COURT, PALAKKAD .................... APPELLANT(S)/22ND RESPONDENT: -------------------------------------------------- ARAVINDAKSHAN, AGED 59 YEARS, S/O. CHAMI, ALIGAL HOUSE, CHITTALACHERRY, ALATHUR TALUK, PALAKKAD DIST. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S)/PETITIONER: ------------------------------------------ VASUDEVAN, S/O. LATE KRISHNAN, KAPALODU VEEDU, THEKKE DESOM, AMSOM, ALATHUR TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 182 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. JUDGMENT Raman, J, This is an appeal against an order for sale of the bricks manufactured and kept in the field in lot Nos.7, 8 and 9. In a suit for partition receiver was appointed. Agricultural properties were permitted to cultivate by auction and the appellant was the auctioneer for the previous year in question. However, in a portion of the land, he excavated soil and manufactured bricks. This gives rise to a dispute. One of the sharers filed an application alleging that as a result of the action by the appellant damages have been suffered and also pointed out that there was no permission obtained before excavation of soil and manufacture of bricks. The court below after considering the matter ordered that the bricks be sold by public auction through receiver. Hence this appeal. 2. We have heard the parties. 3. Since the application was filed only by the respondent herein, he alone is made a party in the appeal. FAO. 182/2009. 2 4. It is agreed to between the parties that instead of selling the bricks by public auction, the bricks be sold among the sharers by auction by the receiver. Accordingly the order passed by the court below is modified to the limited extent, ie., instead of selling the bricks in public auction, the same shall be sold among the sharers. The appeal is disposed of as above. The appellant contended that he is entitled to the manufacturing cost of the bricks. Since the auction is yet to be conducted, it is open to the parties to raise such contentions before the court below and seek reliefs as to what is the amount to be remitted towards manufacturing cost and also the manner in which the amount should be appropriated. P.R. Raman, Judge P. Bhavadasan, Judge sb.