IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 27558 of 2008(E) ------------------------------------- OS.200/2003 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER(S): ------------------------- C.V.JOHN @ JOHNY , AGED 71 YEARS, S/O. LATE VARKEY, CHATHAMKANDAM HOUSE, KAVUNKARA KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADVS.MR.VARGHESE C.KURIAKOSE MR.T.A.ABDUL RASHEED RESPONDENT(S): -------------------------- 1. C.V.PAUL, AGED S/O. VARKEY, CHANTHAMKANDAM HOUSE MARADY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. SHEELA , W/O. ANTONY, CHATHAMKANDAM HOUSE, OLLOOR KARA, OLLOOR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. R1-R2 BY ADVS.MR.JOSE JOSEPH R1 BY ADVS MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS, MR.JOSE JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27558/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IA. NO.1956/2006 SEEKING TO PASS A FINAL DECREE. P2:- COPY OF THE COMMISSION REPORT. P3:- COPY OF THE SECOND COMMISSION REPORT. P4:- COPY OF THE IA. NO.494/07 SEEKING FOR PUBLIC SALE OF THE DECRE SCHEDULE PROPERTIES. P5:- COPY OF THE IA. NO.503/08 SUBMITTED BY THE PETITIONER. P6:- COPY OF THE ORDER DTD. 21.8.08 PASSED IN IA. 494/07, 503/08 AND 631/08. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.27558 OF 2008 () ----------------------------------- Dated this the 11th day of August, 2009 J U D G M E N T This writ petition is filed challenging a common order passed by the learned Munsiff, Muvattupuzha in a final decree proceedings in a suit for partition on three applications moved by the parties to the suit invoking the provisions under the Partition Act, 1893, for sale of the property. The petitioner in the writ petition has moved an application for transfer of the shares of the other parties to him under Section 3 of the Partition Act, whereas the respondents had moved the other two applications, one for public sale and the other for transfer of the share of the petitioner to them, that too under Section 3 of the Partition Act. The learned Munsiff, after considering the merit of the applications passed a common order, copy of which is produced as Ext.P6, fixing upset price for separate items on the basis of the commission report directing the parties to submit the price offered by them in a sealed cover WPC.27558/08 2 within the time limit fixed. Propriety and correctness of that order is challenged by the petitioner in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the learned counsel on both sides. Having regard to the nature of Ext.P6 order impugned in the petition with reference to the provisions under the Partition Act, 1893, I find the petitioner has an alternative efficacious remedy to challenge the impugned order under Section 8 of the Partition Act. Section 8 of the Partition Act provides a statutory appeal to challenge any order of sale made by the court. When that be so, supervisory jurisdiction of this Court cannot be invoked to challenge the correctness of the impugned order passed by the court directing for sale of the property involved in the suit. Reserving the rights of the petitioner to challenge the impugned order by way of an appeal under Section 8 of the Partition Act, 1893, and also, if any such appeal is filed, directing the court before which the appeal is presented to consider the time taken for prosecuting this writ petition for WPC.27558/08 3 granting exemption under Section 14 of the Limitation Act, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp