IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 32162 of 2008(D) AGAINST THE ORDER IN I.A.NO.1919/2008 IN O.S.NO.125/2002 DATED 14.20.2008, SUB COURT, TIRUR. PETITIONER: --------------- PARUTHIKUNNAN HASSAN, S/O.MOOSAHAJI, PONMUNDAM AMSOM, ATHRISSERI DESOM, P.O. ATHRISSERI, TIRUR TALUK. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT: --------------- PARUTHIKUNNAN MOIDEENKUTTY, S/O.MOOSAHAJI, PONMUNDAM AMSOM, ATHRISSERI DESOM, P.O. ATHRISSERI, TIRUR TALUK. BY ADV. SRI.TOM K.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AFFIDAVIT PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF JUDGMENT DATED 18.6.2005 IN O.S.NO.125/2002 OF THE SUBORDINATE JUDGE, TIRUR. EXT.P2 TRUE COPY OF JUDGMENT DATED 14.11.2007 IN A.S.NO.109/05 OF DISTRICT COURT, MANJERI. EXT.P3 TRUE COPY OF JUDGMENT DATED 14.12.2007 IN W.P.(C) NOS.29917/04 AND 12501/2007 OF THIS COURT. EXT.P4 TRUE COPY OF AFFIDAVIT ACCOMPANYING I.A.NO.1898/05 IN O.S.NO.125/02 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, TIRUR. EXT.P5 TRUE COPY OF AFFIDAVIT IN SUPPORT OF I.A.NO.1919/08 IN O.S.NO.125/02 FILED BY THE RESPONDENT BEFORE THE SUB COURT, TIRUR. EXT.P6 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.NO.1919/2008 IN O.S.NO.125/02 BEFORE THE SUB COURT, TIRUR. EXT.P7 TRUE COPY OF COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A.1898/05 (FD) IN O.S.NO.125/02. EXT.P8 TRUE COPY OF THE ORDER DATED 14.10.2006 IN I.A.NO.1919/08 IN O.S.NO.125/02 OF THE SUIB COURT, TIRUR. EXT.P9 TRUE COPY OF REVIEW PETITION FILED BY THE RESPONDENT BEFORE THIS COURT ON 6.1.2008. EXT.P10 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SUB COURT, TIRUR AS I.A.NO.1898/05 IN O.S.NO.125/02. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 32162 OF 2008 D ------------------------------------------------------ Dated this the 26th March, 2009 JUDGMENT The petitioner and the respondent are brothers. O.S.No.125 of 2002 was filed by the petitioner for partition. A preliminary decree was passed. In the final decree proceedings, it would appear that the Commissioner suggested sale of the property among the sharers. The subject matter of partition is a school. Ext.P8 order dated 14.10.2006 was passed by the court below in I.A.No.1919 of 2008, filed by the respondent under Section 2 of the Partition Act. The court below held that the property shall be put in auction among the sharers and the highest bid would be accepted. 2. As per Ext.P8 order, the property was put in auction. The respondent offered the highest amount. As per the interim order dated 23.1.2009, confirmation of the auction sale was stayed. 3. Learned counsel appearing for the petitioner submitted that in view of the subsequent developments, the petitioner is not interested in prosecuting the matter further, since he is admitted in the Regional Cancer Center, Thiruvananthapuram. Learned counsel submitted that the W.P.(C) NO.32162 OF 2008 :: 2 :: petitioner is at present interested in getting his share of the amount deposited before Court urgently in order to meet the expenses for his treatment. This is not opposed by the respondent. Accordingly, the Writ Petition is closed. The court below shall release the amount deposited by the respondent, which represents the half share of the property bid by him in auction, to the petitioner forthwith. The court below shall proceed with the final decree proceedings in accordance with law. (K.T.SANKARAN) Judge ahz/