IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 4232 of 2011(O) ------------------------- OS.1599/2009 of PRL.M.C.,TRIVANDRUM .................... PETITIONER ----------------- CECILIYA ALOMA NETTO, REGITON, VALIYATHURA, THIRUVANANTHAPURAM BY ADVS. SRI. P. BABU KUMAR SRI. P. YADHU KUMAR RESPONDENT(S): ------------------------- 1. XAVIER D'CRUZ, S/O. LENUS D'CRUZ, ELLIALEAN HOUSE, VALIYATHURA, THIRUVANANTHAPURAM - 695 023. 2. C. G. SADANANDAN NAIR, S/O. GOPALA PILLAI, PLOT NO. 69, INDIRA NAGAR, PUTHICHAKONAM, PEROORKADA, THIRUVANANTHAPURAM - 695 005. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN OP(C).No. 4232 of 2011(O) APPENDIX PETITIONER'S EXHIBITS EXT. P1 PHOTOCOPY OF THE PLAINT IN O.S. NO. 1929/2010 FILED BY PETITIONER BEFORE THE HONOURABLE MUNSIFF COURT, THIRUVANANTHAPURAM DT. 13.10.2010. EXT. P2 PHOTOCOPY OF THE SUIT AS O.S. NO. 1599/2009 FILED BY THE 2ND RESPONDENT BEFORE THE HONOURABLE MUNSIFF COURT, THIRUVANANTHAPURAM DT. 02.09.2009. EXT. P3 PHOTOCOPY OF THE COMMISSION APPLICATION FILED BY THE 2ND RESPONDENT BEFORE THE HONOURABLE MUNSIFF COURT, THIRUVANANTHAPURAM DT. 01.10.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4232 of 2011 ==================================== Dated this the 21st day of December, 2011 J U D G M E N T Petitioner claims to have obtained a preliminary decree in O.S. No.1929 of 2009 of the court of learned Munsiff, Thiruvananthapuram for partition and separate possession of her 1/5th share in 12 cents which originally belonged to her deceased father. That preliminary decree was passed in September, 2011. While so, petitioner claims to have got information about the Advocate Commissioner inspecting the said property pursuant to an order in O.S. No.1599 of 2009 of the same court. On enquiry it is revealed that one Sadanandan has filed O.S. No.1599 of 2009 without making petitioner a party and claiming exclusive right over 7 cents out of the 12 cents on the strength of an assignment deed executed by a brother of petitioner and that the said Sadanandan has sought for a declaration of title and fixation of boundary in O.S. No.1599 of 2009. 2. Learned counsel submitted that O.S. No.1599 of 2009 is a collusive suit filed by Sadanandan at the instance of brother of petitioner to defeat the preliminary decree for partition in O.S. No.1929 of 2009. 3. Reliefs prayed in this Original Petition is to issue a O.P(C) No.4232 of 2011 -: 2 :- direction to the learned Munsiff to keep in abeyance further proceedings in O.S. No.1599 of 2009 until disposal of the final decree proceedings in O.S. No.1929 of 2009. 4. I am inclined to think that reliefs prayed in this Original Petition cannot be granted by this Court in a petition under Article 227 of the Constitution. Petitioner has to work out her remedies elsewhere as provided under law. 5. Learned counsel seeks permission to get petitioner impleaded in O.S. No.1599 of 2009 as a necessary or at least a proper party to that litigation in view of the preliminary decree in O.S. No.1929 of 2009. But no such relief can be granted or considered in this proceeding. It is open to the petitioner to make appropriate application in that regard before learned Munsiff if law enables her to do so. Original Petition is closed without prejudice to the right of petitioner to seek appropriate relief from the appropriate court at the appropriate stage. THOMAS P. JOSEPH, JUDGE. vsv