IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 RFA.No. 620 of 2007() --------------------- AGAINST THE ORDER IN FDIA.2011/2006 IN OS.1/2005 of SUB COURT, KOYILANDY .................... (S): APPELLANT/IST DEFENDANT ------------------------------------------- EDAPPALLY RAMAKRISHNAN, S/O.KANNAN, AGED 58 YEARS, BUSINESS, EDAPPALLY HOUSE, IRINGAL AMSOM DESOM, KOYILANDY TALUK, P.O.IRINGAL. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): PLAINTIFFS AND 2ND DEFENDANT ------------------------------------------- 1. A.P.MEENAKSHI, D/O.KUNDU, AGED 76 YEARS, SWASTHAM, THATTARI HOUSE, IRINGAL AMSOM DESOM, KOYILANDY TALUK. 2. EDAPPALLY VIJAYALAKSHMI, D/O.KANNAN, AGED 56 YEARS, SWASTHAM, 'VANAKALI' NO.101, C.H.NAGAR HOUSING COLONY, CHEVAYUR AMSOM DESOM KOZHIKODE. 3. EDAPPALLY GIRIJA, D/O.KANNAN, AGED 53 YEARS, 'ANANDA MANDIR' PINARAYI AMSOM, DESOM, P.O.PINARAYI, THALASSERY TALUK. 4. EDAPPALLY PRABHAVATHY, D/O.KANNAN, AGED 51 YEARS, SWASTHAM, 'SREEDEVI NIVAS', PANNIYANKARA P.O. KALLAI, KOZHIKODE - 3. 5. EDAPPALLY DILEEP KUMAR, S/O.KANNAN, AGED 48 YEARS, SWASTHAM, THATTARI HOUSE IRINGAL AMSOM DESOM, KOYILANDI TALUK. 6. EDAPPALLY KANAKALATHA, D/O.KANNAN, AGED 46 YEARS, TEACHER, KAKKATTU PARAMBATH HOUSE, ERAMALA AMSOM ADIYUR DESOM, VADAKARA TALUK. P.O.ERAMALA (VIA) ORKKATTERI. 7. EDAPPALLY LEENA, D/O.KANNAN, SWASTHAM, 41 YEARS, V.T.K.S NEAR LAKSHMI TALKIES, KALLAI AMSOM DESOM, P.O.KALLAI, KOZHIKODE - 3. 8. EDAPPALLY VIDYA, D/O.KANNAN, SWASTHAM, 35 YEARS, 6/658 PALAKKAL VEEDU, BANK ROAD, KOZHIKODE. 9. EDAPPALLY PADMINI, D/O.KANNAN, AGED 62 YEARS, SWASTHAM 'PADMAM' SIVAGIRI NAGAR HOUSING COLONY, MELE CHOVVA, KANNUR AMSOM DESOM, KANNUR. 10. GIRISH BABU, S/O.KANNAN, AGED 38 YEARS, EDAPPALLY HOUSE, IRINGAL AMSOM DESOM, KOYILANDY TALUK. ADV. SRI.MILLU DANDAPANI FOR R1 TO R9 THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ---------------------------------------------- R.F.A. No.620 of 2007 ---------------------------------------------- Dated 8th January, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal at the instance of the first defendant in O.S.1/05 on the file of the Sub Court, Koyilandy. The suit is one for partition. During the pendency of the appeal, respondents 1 to 9 have filed I.A.5256/08 praying for a direction to the Advocate Commissioner who was originally deputed by the Sub Court, Koyilandy, to make an inventory of the items kept in plaint B and C schedule properties. While so, the appellant has filed I.A.5325/08 to withdraw the appeal itself. Learned counsel for the respondents submits that they have no objection in withdrawing the appeal, but there may be a direction to the Advocate Commissioner to make an inventory as referred to above. There will be a direction to the Sub Court, Koyilandy to depute the same Advocate Commissioner in the final decree proceedings for preparing the inventory as sought for in I.A.5256/08. This shall be done within a period of two weeks from the date of production of a copy of this judgment by either party. Subject to the above direction, the appeal is dismissed as withdawn. I.A.5256/08 and RFA NO.620/07 2 its counter will form part of the proceedings in the suit. I.A.Nos.4439/07 & 4688/08 : Dismissed. The R.F.A. is disposed of as above. KURIAN JOSEPH, JUDGE. C.K.ABDUL REHIM, JUDGE. tgs KURIAN JOSEPH & C.K.ABDUL REHIM, JJ ---------------------------------------------- R.F.A. No.620 of 2007 ---------------------------------------------- J U D G M E N T Dated 8th January, 2009.