IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30029 of 2008(Y) -------------------------- OS.7/2008 of SUB COURT, QUILANDY .................... PETITIONERS: --------------- 1. THAYYANKHANNAPOYL AYISSA, D/O KUNHAMI UMMA, NAMBITHOOR HOUSE, SWASTHAM, MENHANNIAM AMSOM MARUTHERI DESOM, KOYILANDY TALK, MENHANNIAM P.O. 2. NABEESA, D/O KUNHAMI UMMA, KALAKUTTIKUNI HOUSE, KUNNATHARA, ULLIYERI AMSOM, ANAVATHIL DESOM, KANNOOR P.O. ULLIYERI VIA, KOYILANDY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: --------------- 1. CHERUVALATH AMMATHY,S/O KUNHAMI UMMA, AGRICULTURIST, CHERUVALATH MEETHAL HOUSE, MENHANNIAM AMSOM, MARUHERI DESOM, KOYILANDY. 2. SISTER PATHUMMA, D/O KUNHAMI UMMA, NHERAPOYIL HOUSE, CHERUVANNUR AMSOM, DESOM, KOYILANDY TALUK, CHERUVANNUR P.O. 3. SISTER JAMEELA, D/O KUNHAMI UMMA, VALLUPARAMBIL HOUSE, NOCHAD AMSOM, CEHNOLI DESOM, KOYILANDY TALUK, PERAMBRA P.O. 4. SISTER SUBAIDA, D/O KUNHAMI, OZHAKKERIPARAMBA HOUSE, KIDAVOOR AMSOM, PALLIPURAM DESOM THAC HAMPOYIL P.O., THAMARASSERRY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). No. 30029 OF 2008 --------------------- Dated this the 14th day of October, 2008 JUDGMENT This writ petition is filed with a prayer to set aside Ext.P2 order passed by the Subordinate Judge, Koyilandy, in O.S. 7/08. It was a suit for partition after setting aside the documents. A perusal of the plaint would reveal that the plaintiffs has valued the property at Rs.3,57,000/- and had paid court fee for the purpose of partition for 2/7th shares which they claim in the suit. They have also claimed joint possession of the property and had paid court fee under section 37(2) of the Court Fees Act. Learned Subordinate Judge in para.5 of the order had held that no court fee has been separately paid for setting aside the documents. It appears to be absolutely inaccurate on the face of the record. Therefore, I direct the learned Subordinate Judge to reconsider the matter in the light of the averments in the plaint as well as in the court fee valuation portion and pass appropriate orders. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps 2