IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No.35952 of 2008 (E) ---------------------------------- O.S.494/06 ON THE FILE OF ADDL. MUNSIFF'S COURT-I, NEYYATTINKARA ................. PETITIONER: --------------- SATHYARAJ, S/O.JASSAYYAN NADAR, KADAYARA VEEDU, MULLILAVUVILA, VELLARADA DESOM, KUNNATHUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENTS: ----------------- 1. RASALLAYYAN @ THANKAN, S/O.KESAAN NADAR, SUJANA BHAVAN, MULLILAVUVILA, VELLARADA, KUNNATHUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. SUJANAKUMARI, D/O.RASILAMMA, -DO- -DO- 3. KUMARI SMITHA, D/O.OMANA, PALLIVILA VEEDU, KALLIMOODU, KARIKKAMANCODE, VELLARADA, NEYYATTINKARA, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P.C. No.35952 of 2008 ------------------------------------------------ Dated this the 5th day of December, 2008 JUDGMENT Heard counsel for the petitioner. 2. The prayer in this Writ Petition is to set aside Ext.P7 order passed by the court below and to stay all further proceedings in O.S.494/06 on the file of the Munsiff's Court, Neyyattinkara pending this Writ Petition. Petitioner is the plaintiff in the said suit. The order sought to be set aside though stated as Ext.P7 is actually Ext.P8. The suit instituted by him is for partition of plaint 'F' schedule property and for separate allotment of 'B' schedule item No.4 property from therein towards his share in plaint 'F' schedule property adjoining plaint 'D' schedule property having an extent of ten W. P.C. No.35952 of 2008 -2- cents which he is in possession. The grievance of the petitioner at present is that Commissioner has located plaint 'B' schedule item No.4 property in such a way that it is not adjoining the 'D' schedule property. The suit is only in the preliminary decree stage. It is only after establishing the right of the plaintiffs to have his share of eleven cents allotted to him from out of the 'F' schedule property so as to have it adjoining the 'D' schedule property which he is having, the question of allotment of that eleven cents adjoining the 'D' schedule property arises and that will arise only in the final decree proceedings. As rightly observed by the court below, the present attempt is only to delay the trial of the suit which is already included for trial in the special list. W. P.C. No.35952 of 2008 -3- 3. This Writ Petition, in the circumstances, is devoid of merit and is dismissed. K.P.BALACHANDRAN, JUDGE kns/-