IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 18742 of 2009(O) --------------------------------------- (OS.NO.849/2008 OF PRL. MUNSIFF COURT, KOZHIKODE-II) .................... PETITIONER: ------------------- K.RUGMINI AMMA, D/O.NARAYANI AMMA, KEEZHILLATH HOUSE, GOVT.ARTS & SCIENCE COLLEGE P.O., KOZHIKODE. BY ADVS. MR.A.RANJITH NARAYANAN, MR.S.K.SAJU. RESPONDENTS: ------------------------ 1. KEEZHILLATH SIVASANKARA MENON, S/O.NARAYANI @ AMMU AMMA, THRIMURTHI BHAVAN, GURUVAYUR, CHAVAKKAD, THRISSUR DISTRICT. 2. KAMALA AMMA, W/O.KARUNAKARA MENON, VETTEKKATTU, KUNNAMKULAM AMSOM & DESOM, KUNNAMKULAM P.O., THRISSUR DISTRICT. 3. VATTEKKATTU SUSHAMA, AGED 32 YEARS, D/O.KAMALA AMMA, RESIDING AT DO. 4. VATTEKKATTU SURESH BABU, S/O.KAMALA AMMA, RESIDING AT DO. 5. KEEZHILLATH GOPALAKRISHNA MENON, S/O.DEVAKI @ THANKAMMA, RESIDING AT GURUVAYUR DEVASWOM QUARTERS, CHAVAKKAD AMSOM AND DESOM, THRISSUR DISTRICT. 6. SUDHA, D/O.PARAMESWARA PANICKER, SUDHALAYAM HOUSE, GURUVAYUR THEKKE NADA, CHAVAKKAD AMSOM, THRISSUR DISTRICT. W.P.(C). NO.18742/2009-O: 7. LATHA, D/O.PARAMESWARA PANICKER, KRISHNA KRIPA, THEKKENADA, GURUVAYUR, CHAVAKKAD AMSOM DESOM, THRISSUR DISTRICT. 8. MADHU, S/O.PARAMESWARA PANICKER, RESIDING AT DO. R1 TO R3 & R5 BY ADVS.SMT.P.V.ASHA, SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18742 of 2009 - O --------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T This writ petition is filed challenging an order passed for sale of the property covered by O.S.No.849/1998 on the file of the Principal Munsiff Court II, Kozhikode, which is a suit for partition. Learned Munsiff has passed the order for sale of the property through an advocate commissioner appointed in the case. Any order of sale passed by the court under Sections 2, 3 and 4 of the Partition Act, 1983 shall be deemed to be a decree from which an appeal can be filed by any of the aggrieved parties as of right, as provided under Section 8 of the Act. Learned counsel for the petitioner noticing the above provision sought permission to withdraw the petition with liberty to challenge the order by way of an appeal. Permission is accorded and the writ petition is dismissed as withdrawn. Period spent by the petitioner for prosecuting the writ petition shall be taken note of by the court in which the appeal is preferred to consider the grant of exemption to the W.P.(C).No.18742 of 2009 - O 2 petitioner as provided under Section 14 of the Limitation Act. Hand over a copy of the judgment to the counsel for the petitioner on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-