IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 RFA.No. 320 of 2010() -------------------------------- O.S. NO.205/2007 OF PRL. SUB COURT, KOLLAM. ................ APPELLANT/IST DEFENDANT ------------------------------------------- AZAD RAHIM, AGED 62, S/O.LATE A.A. RAHIM, MALIKAVEEDU, KOTTAKAKAM WARD, KOLLAM. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 4: ------------------------------------------------------------------------------- 1. ANZAR RAHIM, S/O.LATE A.A. RAHIM, PALM GROVE, THEKEVILA, KOLLAM. 2. LAILA ASLAM, D/O.LATE A.A. RAHIM, BLUE MOUNT, KOTTAKAKAM WARD, KOLLAM. 3. JAMEELA SALI, D/O.LATE A.A. RAHIM, LEPPERRY HOUSE, ALISSERY WARD, NEAR COLLECTORATE, ALAPPUZHA. 4. SHAMEELA FAZAL, D/O.LATE A.A. RAHIM, MANAPPAT HOUSE, NEAR MALABAR CHRISTIAN COLLEGE, KANNUR ROAD, CALICUT. *ADDL. R5 IMPLEADED ADDL. R5: RAHIYANATH AZAD, D/O.LATE ISMAIL, AGED 55, RESIDING AT MALIKA VEEDU, LAKSHMI NADA, KOLLAM. *ADDL. R5 IS IMPLEADED AS PER ORDER DATED 23/06/2010 IN I.A.2176/2010. R1 & R4 BY ADV. MR.BABU KARUKAPADATH. ADV. SRI.BABU KARUKAPADATH FOR CAVEATOR THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.320 of 2010-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of June, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.This appeal arises from a preliminary decree in a suit for partition. In the course of proceedings, the parties took recourse to mediation and a preliminary decree was passed on consent. 2.Following that, there was an attempt for further mediation at this end, to find out whether the final decree could also be passed here, if there is consensus regarding the allotments by metes and bounds. However, that did not work out. Obviously, therefore, the final decree proceedings will have to be before the court of first instance. RFA320/11 -: 2 :- 3.In the meanwhile, there were different interim orders under which obligations were cast regarding payments for possession of a resort Jaladarshini(plaint A schedule). Certain amounts have been deposited. There is an allegation that there is deficit in the deposits made, when contrasted with the directions of this Court. There is also an allegation that the deposits have not been made in time. 4.It also appears that in terms of the preliminary decree which is agreed to between the parties, some amounts have to be paid to the first defendant. 5.We direct that the amounts covered by paragraphs 3 and 4 above shall carry interest at 6% per annum from the date on which each of such amounts becomes legally due in terms of the preliminary decree or the aforesaid order. Any amount left unpaid under the preliminary decree or any of the interim orders in this appeal will also be RFA320/11 -: 3 :- treated as due as on the respective dates on which such liability is found to arise and interest on such payments will run at the rate of 6%. 6.The court below, on finalising final decree proceedings, will reconcile all the aforesaid, for rendering the final decree. 7.The parties are directed to mark their appearance on 18th July, 2011. 8.The court below will consider whether it is necessary to put the suit property under any receiver, be it the official receiver or otherwise. The custody of Jaladarshini, plaint A schedule with the first defendant in terms of the earlier orders will continue till that date. 9.It will also be open to the parties to make any interlocutory application before the court below for any further interim relief, including for RFA320/11 -: 4 :- appointment of receiver, official receiver etc. The office will transmit the case file to the court below after drawing up the preliminary decree in terms of the mediation settlement in terms of the earlier order dated 23.12.2010, at the earliest at any rate, to ensure that the files are before the court below by 18th July, 2011. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2206