IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 14578 of 2009(O) -------------------------- PETITIONER(S): ---------------------- 1. RAHEAL CHEEKU, W/O.CHEEKU AGED 72 YEARS, RESIDING AT VELIAKATH HOUSE, KASTHURBA NAGAR, KOCHU KADAVANTHRA. 2. MARY JOSEPH, W/O.JOSEPH, AGED 66 YEARS, RESIDING AT APPAPARAMBIL HOUSE, VATTAPARMBIL LANE, AZAD ROAD, KALOOR. 3. KOCHU THRESIA JOSSEY @ THRESIA, W/O.JOSE, AGED 59 YEARS, RESIDING AT AJATTUPARAMBIL HOUSE, VALLARPADAM. 4. BABY JOHN, W/O.JOHN, AGED 53 YEARS, RESIDING AT PALLIPARAMBIL, DEEPAM JUNCTION, C.K.RAVI LANE, PALLURUTHY. RESPONDENTS 1. PHILOMINA @ OMANA, W/O.LATE ALUMKAL GEORGE, AGED ABOUT 61 YEARS, RESIDING AT CHIAKKAPARAMBIL HOUSE, M.A.BANK ROAD, CHERANELLOOR. 2 2. ANTONY @ SAMSON, S/O.LATE ALUMKAL GEORGE, AGED ABOUT 40 YEARS, RESIDING AT CHIAKKAPARAMBIL HOUSE, M.A.BANK ROAD, CHERANELLOOR. 3. SIMSON STANLY @ SANAJ, S/O.LATE ALUMKAL GEORGE, AGED ABOUT 43 YEARS, RESIDING AT CHIAKKAPARAMBIL HOUSE, M.A.BANK ROAD, CHERANELLOOR. 4. PHILOMINA, W/O.A.L.JOSEPH, AGED 52 YEARS, RESIDING AT ALUMKAL HOUSE, CENTINARY ROAD, KALOOR, COCHIN 17. 5. A.L.MICHAEL, S/O.LATE ALUMKAL AVIRA LOAN, AGED 56 YEARS, RESIDING AT THYPPARAMBIL HOUSE, AZAD ROAD, KALOOR, COCHIN. 6. LONAN @ JOHNSON, S/O.LATE ALUMKAL GEORGE, AGED ABOUT 47 YEARS, RESIDING AT ALUMKAL HOUSE, R.M.V ROAD, ELAMAKKARA P.O, KOCHI - 26. 7. THE VICAR, ST.FRANCIS XAVIERS CHURCH, KALOOR, COCHIN. 8 FRANCIS, S/O.MICHAEL, AGED ABOUT 80 YEARS, RESIDING AT PUTHEZATHU, KALOOR, COCHIN - 682 017. 3 9. STEPHEN, S/O.ANTONY, AGED ABOUT 62 YEARS, RESIDING AT PUTHENVEETIL HOUSE, KARTHRIKKADAVU, KALOOR, COCHIN - 952 017. 10. A.L.JOSEPH, AGED 62 YEARS, S/O.LATE ALUMKAL AVIRA LONAN, RESIDING AT ALUMKAL HOUSE, CENTINARY ROAD, KALOOR, COCHIN - 17. BY ADV. SRIN.RAYNOLD FERNANDEZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.14578 of 2009 = = = = = = = = = = = = = = Dated this the 28 th day of May, 2009 JUDGMENT Writ petitioners who claim to be the female heirs of one Alumkal Avira Lonan and Eliswa filed I.A.No.7970 of 2008 for impleading them in the suit, I.A.No.7971 of 2008 for stay all further proceedings in the Final Decree Application and I.A.No.8316 of 2008 for passing a supplementary preliminary decree in O.S.No.857 of 1999. As per Ext.P1 common order dated 1.11.08, the learned Principal Munsiff, Ernakulam dismissed the applications and in the course of the order made the following observations therin:- “The suit is of 1999. Now we are in 2008. So far the daughters of Lonan could not understand the proceedings in the suit. it would justify the plea of the plaintiffs in the suit they may have a plea of ouster in the matter of allotting share to them.” The prayer in this writ petition is to quash the above observation made in Ext.P1 common order. 3. Any observations made in the course of an W.P.(c).No. 14578 of 2009 2 interlocutory order cannot have any impact on the trial of the main case. Merely because an observation as aforesaid was made by the Court while disposing of three of the applications filed by the petitioners, it does not mean that the findings and observations made are liable to be used against the petitioners during the subsequent stages including the trial of the case. Those observations have to be confined only to those petitions which were disposed of. This writ petition, filed without any bona fides, is accordingly dismissed. Dated this the 28th day of May, 2009. V. RAMKUMAR, JUDGE sj