IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4557 of 2008(P) ------------------------- I.A.NO.1269/2005 IN O.S.NO.1772/2003 PRL.MUNSIFF COURT, IRINGALAKKUDA PETITIONER: ------------ GOVINDAN, S/O.DAMODARAN, CHAKKUMGATHODIYIL, PUDUKKAD DESOM, THORAVU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.S.BHARATHAN RESPONDENTS: ------------- 1. ANUPAMA, D/O.CHAKKUMGATHODIYIL SOMASUNDARAM, PUDUKKAD DESOM, THORAVU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. ANOOP, S/O. DO. DO. 3. GOPINATHAN, S/O.CHAKKUMGATHODIYIL KUMARAN, PUDUKKAD DESOM, THORAVU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. VISHNU.C.GOVINDAN, S/O.GOVINDAN, PUDUKKAD DESOM, THORAVU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 5. ARJUN.C. GOVINDAN, S/O.GOVINDAN, PUDUKKAD DESOM, THORAVU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY ADV. SRI.T.G.RAJENDRAN SRI.T.M.CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.4557/2008 APPENDIX PETITIONER'S EXTS. EXT.P1: COPY OF THE FINAL DECREE APPLICATION I.A.NO.1269/2005 IN O.S.NO.1772/2003 ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT, IRINJALAKKUDA. EXT.P2: COPY OF THE DECREE IN O.S.NO.1772/2003 DT.30.10.2004 OF THE MUNSIFF'S COURT, IRINJALAKKUDA. EXT.P3: COPY OF THE INTERIM REPORT DT.10.4.2007 FILED BY THE ADVOCATE COMMISSIONER IN I.A.NO.1269/2005 IN O.S.NO.1772/2003. EXT.P4: COPY OF THE OBJECTION DT.16.8.2007 FILED BY THE PETITIONER HEREIN TO EXT.P3. EXT.P5: COPY OF THE LIST OF DOCUMENTS PRODUCED ALONG WITH EXT.P4 ON 16.8.2007. EXT.P6: COPY OF THE OBJECTION FILED BY THE RESPONDENTS 1 AND 2 TO EXT.P4. EXT.P7: COPY OF THE GOVERNMENT ORDER ISSUED BY UNDER SECRETARY TO GOVERNMENT OF KERALA, LABOUR AND REHABILITATION (A) DEPARTMENT, DT.17.7.2007. EXT.P8: COPY OF THE ORDER PASSED BY THE MUNSIFF'S COURT, IRINJALAKKUDA DATED 16.1.2008 IN I.A.NO.1269/2005 IN O.S.NO.1772/2003. //TRUE COPY// PA TO JUDGE M.N.KRISHNAN, J. --------------------------- W.P.(C) No.4557 OF 2008 -------------------------- Dated this the 11th day of February, 2008 J U D G M E N T This writ petition is preferred against the order of the Munsiff's Court, Irinjalakkuda in I.A.No.1269/2005 in O.S.No.1772/2003. It is a petition for passing a final decree in a suit for dissolution of partnership and settlement of accounts. The court below has directed the properties to be sold amongst the partners. The learned counsel appearing for the writ petitioner would submit before me that before the actual sale takes place he wants to bring to the notice of the other partners as well as the court regarding the liability on the partnership firm. I feel it is a matter that requires consideration for the reason that whoever purchases the property must be aware of the liabilities for which the assets may be liable. Of course there was some delay in bringing on record about these factors and therefore the court was not in a position to consider it. I, therefore, direct the court below to consider the objections raised by the writ petitioner and permit him to produce evidence in support of the same after hearing all concerned and pass an order regarding the sale of the properties. W.P.(C) No.4557/2008 2 2. The writ petition is disposed of accordingly. Needless to say that the sale fixed today be deferred by the Commissioner till a decision is taken on the objections raised by the writ petitioner. I further direct that such objections may be considered and orders passed within one month from the date of receipt of a copy of this judgment. (M.N.KRISHNAN, JUDGE) ps