IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 CRP.No. 343 of 2011() -------------------------------- I.A.343/2011 IN I.A.1067/2001 IN O.S. NO.106/1991 OF MUNSIFF MAGISTRATE COURT, PERINTHALMANNA. ................. PETITIONERS: (PETITIONERS IN THE COURT BELOW) ----------------------------------------------------------------------------- 1. THAZHATHETHIL VELAYUDHAN, SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 2. RADHA, DAUGHTER OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI PO, PERINTHALMANNA TALUK,MALAPPURAM DISTRICT,679 321. 3. DIVAKARAN, SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 4. JANAKI, DAUGHTER OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 5. NARAYANAN, SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 6. KOUSALYA, DAUGHTER OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 7. VENU ALIAS AYYAPPAN , SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 8. SIVASANKARAN, SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. 9. KARUNAKARAN, SON OF CHOZHI, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679 321. BY ADV. SRI.R.RAJESH KORMATH CRP.No. 343 of 2011 RESPONDENTS: (RESPONDENTS BEFORE THE COURT BELOW) -------------------------------------------------------------------------------------------- 1. PREMA, W/O.BHASKARAN VARIKKATH HOUSE, PATHAKKARA PO, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 322. 2. VASUDEVAN SON OF LATE RAMAN, THAZHATHETHIL VEEDU PUZHAKKATTIRI P.O., PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 3. CHANDRA, WIFE OF GOVINDAN, PALATHINGAL HOUSE, ARIPRA P.O., PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 4. INDIRA, WIFE OF GANGADHARAN MUPPANCHERI HOUSE, EDARICODE P.O., AMABALAVATTOM TIRURANGADI TALUK, MALAPPURAM DISTRICT PIN- 676 501. 5. PRABHAKARAN SON OF LATE RAMAN, THAZHATHETHIL VEEDU PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 6. NARAYANANKUTTY, SON OF LATE RAMAN, THAZHATHETHIL VEEDU PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 7. KUNHIKKALI, WIFE OF PALANTHINGAL KUTTAN PALATHINJAL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 8. THANKAMMU, WIFE OF LATE PARANGODAN THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK MALAPPURAM DISTRICT, PIN- 679 321. 9. RAVI, SON OF THANKAMMA, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -679 321. 10. RAJAN, SON OF THANKAMMU, THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. CRP.No. 343 of 2011 11. MOHANAN, SON OF THANKAMMA THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. 12. SUBRAMANIAN, SON OF THANKAMMA THAZHATHETHIL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. 13. SYAMALA, WIFE OF DIVAKARAN PULLAKKAPARAMBIL HOUSE, MANKADA, MANKADAKOOTTIL P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 324. 14. ACHAKKUTTY, W/O. LATE KUNHIKKORU, POOZHIKKUTH HOUSE, PUZHAKKATTIRI P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. 15. APPUNNI, SON OF KUNHIKKORU, POOZHIKKUTH HOUSE, PUZHAKKATTIRI P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -679 321. 16. PUSHPAKUMARI, DAUGHTER OF KUNHIKKORU, POOZHIKKUTH HOUSE, PUZHAKKATTIRI P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN -679 321. 17. SETHUKUMAR, SON OF KUNHIKKORU, POOZHIKKUTH HOUSE, PUZHAKKATTIRI P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. 18. SMITHA, WIFE OF RAVEENDRAN, KANDAM CHIRA HOUSE, PUTHUPPARAMBA P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 501. 19. GOVINDAN, SON OF KARUPPAN, PALATHINGAL HOUSE ARIPRA P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN- 679 321. R1 TO R4 & R19 BY ADV. SRI.P.M.RAFIQ. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- C.R.P. No.343 of 2011 -------------------------------------- Dated this the 12th day of October, 2011. ORDER Respondents 1 to 4 and 19 appear through counsel. 2. Petitioners are defendants 2, 3 and 5 to 11 in O.S.No.106 of 1991 of the court of learned Munsiff-Magistrate, Perinthalmanna. A preliminary decree for partition was passed in that case. Respondents 1 to 4 filed I.A.No.1067 of 2001 for passing a final decree. In that proceeding, the court appointed an Advocate Commissioner to effect partition. The Advocate Commissioner filed a report and plan on 22.01.2011. Petitioners filed I.A.No.343 of 2011 to remit the report and plan to the Commissioner pointing out various (alleged) deficiencies in the same. That application was dismissed by the learned Munsiff-Magistrate which is under challenge in this civil revision. 3. Learned counsel for petitioners submit that in the meantime, learned Munsiff-Magistrate has passed a final decree and hence this civil revision may be allowed to be withdrawn without prejudice to the right of petitioners to challenge the final decree and in that appeal raise the contentions urged in this civil revision against the order on I.A.No.343 of 2011 as well. 4. I have heard learned counsel for respondents 1 to 4 and 19. 5. Since a final decree has already been passed, it is open to the petitioners to challenge the final decree if they are entitled to that course and, in CRP No.343/2011 2 such appeal challenge correctness of the order on I.A.No.343 of 2011 as well. Without prejudice to that right of petitioners, this civil revision is dismissed as withdrawn. I.A.Nos.1716 and 2041 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks