IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 34960 of 2008(J) --------------------------------------- AGAINST THE ORDER IN IA 695/2008 IN OS.674/2001 of M.C.,VADAKKANCHERRY .................... PETITIONER(S): ----------------------- 1. CHATHAKUTTY 2. SANKARAN 3. BALAN 4. SUKUMARAN (ALL PETITIONERS ARE CHILDREN OF KAZHUNGU VALAPPIL LATE. MALLAN, NELLUVAI VILLAGE & DESOM, TALAPPILLY TALUK). BY ADV. MR.SANTHEEP ANKARATH RESPONDENT(S): ------------------------- 1. KOCHI, S/O.KAZHUNGA VALAPPIL KUNJAN, NELUVAI VILLAGE, TALAPPILLY TALUK. 2. MUNDI, 'DO' 'DO' 3. KALI, 'DO' 'DO' 4. SANKARAN, S/O.KAZHUGA VALAPPIL CHAMI, 'DO' 5. VELAYUDHAN, 'DO' 'DO' 6. KUTTAN, S/O.LATE NEELI, D/O.KAZHUGA VALAPPIL CHAMI, 'DO' 'DO' 7. VESU, D/O.THANKAMU, D/O.KAZHUGAL VALAPPIL KUNJAN, 'DO' 'DO' R5 & R6 BY ADV. MR.P.RADHAKRISHNAN (1) R5 & R6 BY ADV. MR..MADHU RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 34960/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 674/01 DTD. 29.11.01. P2:- COPY OF THE REPROT OF THE COMMISSIONER DTD. 19.3.08. P3:- COPY OF THE PETITION DTD. 24.3.08 AS IA 695/2008 IN OS. 674/01. P5:- COPY OF THE ORDER DTD. 16.7.08 IN IWA. 695/08 IN OS. 674/01 OF THE MUNSIFF'S COURT, WADAKKANCHERRY. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.34960 of 2008 - J --------------------------------- Dated this the 24th day of August, 2009 JUDGMENT The writ petition is filed seeking the following relief: “To call for the records leading to Ext.P5 and set aside Ext.P5 by issue of a writ, order or direction.” 2. Petitioners are the defendants 1 to 4 in O.S.No.674 of 2001 on the file of the Munsiff Court, Wadakkanchery. Suit is one for partition and the respondents are the plaintiffs. A preliminary decree was passed in the suit. In final decree proceedings were taken when an advocate commissioner deputed by the court to measure out the properties with the assistance of a surveyor, it was detected that the suit property falls within different survey numbers also was shown in plaint schedule. Immediately plaintiffs moved an application for incorporating those survey numbers also in the plaint schedule and preliminary decree. The application was opposed to by the petitioners/defendants. The learned Munsiff after hearing both sides allowed the petition for correction to the preliminary decree and also the plaint schedule by Ext.P5 order. Propriety and correctness of P5 order is challenged invoking the supervisory jurisdiction vested with this Court under Article 227 of W.P.(C).No.34960 of 2008 - J 2 the Constitution of India. 3. I heard the counsel on both sides. 4. Property was identified by the commissioner with reference to the schedule given in the plaint and there is no dispute as regards the boundaries, extent etc. The only dispute pertains to new survey numbers where the properties situate which have not been mentioned when the property was scheduled in the plaint, and later, in the preliminary decree. Substantial rights of the parties involved in the proceedings are not in any way affected by allowing the correction and further more the defect noticed in measurement of that property mentioned in survey numbers where the properties are situate having not been made earlier needless to point out the required correction is necessary to avoid future controversy between the parties and also for a fair conclusion of the proceedings. I do not find any impropriety or illegality in P5 order passed by the court below and the challenge raised against that order must fail. The writ petition dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-