IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 4167 of 2009(U) ------------------------- AGAINST THE ORDER DATED 28/11/2008 IN IA 8524/2003 IN OS.2100/2000 of I ADDL.MUNSIFF COURT, THRISSUR .................... PETITIONER: --------------- GOKULDAS, S/O.LATE KUNNATHULLY UNNIKUTTAPANICKER, PADIYUM VILLAGE, DESOM, THRISSUR TALUK. BY ADV. MR. DILIP J. AKKARA RESPONDENTS: ----------------- 1. GOPALAKRISHNAN, S/O.KUNNATHULLY UNNIKUTTAPANICKER, PERINGAVU VILLAGE, DESOM, THRISSUR TALUK. 2. MRS.INDIRA MANI, W/O.K.S.MANI, MANATH HOUSE, JUDGE MUKKU P.O., B.M.COLLEGE, KOCHI. 3. MRS.LATHIKA VALSAN, VAZHOOR HOUSE, KOTHAKULAM, BEACH ROAD, VALAPPAD P.O., THRISSUR. ADV. MR. G.SREEKUMAR (CHELUR) FOR R1 & R2 MR. P.K.MANOMOHANAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- W.P.(C).No.4167 OF 2009 -------------------------------------------------- Dated this the 24th day of February, 2009 J U D G M E N T This petition is filed under Article 227 of Constitution of India challenging the order passed by Additional Munsiff, Thrissur in I.A. 10698 of 2007, an application filed in I.A. 8524 of 2003 in O.S.2100 of 2000. I.A. 8524 of 2003 was filed for passing a final decree in accordance with the preliminary decree. After the commissioner submitted a report and plan, suggesting allotment of different shares, petitioner filed I.A.10698 of 2007, an application to set aside the report and plan submitted by the commissioner. It was dismissed under Ext.P5 order. This writ petition is filed challenging that order. 2. Ext.P5 order was passed on 28.11.2008. Learned counsel appearing for respondents 1 to 3 made available a copy of the final decree dated 28.11.2008. It establishes that immediately after Ext.P5 order, a final decree was passed on the same day. Therefore the remedy of the petitioner is to challenge Ext.P5 order in the appeal to be filed against the final decree. Writ petition is dismissed with liberty to challenge Ext.P5 order in the appeal against the final decree. M. SASIDHARAN NAMBIAR, JUDGE okb