IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 RP.No. 360 of 2008(D) --------------------- AGAINST THE JUDGEMENTIN WPC.2132/2008 Dated 17/01/2008 .................... PETITIONER/3RD PARTY -------------------------- AGNUS MARTIN @ MOLLY, AGED 46 YEARS, D/O ANNAMMA MARTIN, MARTIN DALE, VALIATHOPPU, SANGHUMUGHAM, THIRUVANANTHAPURAM BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SAJI SANKARAN NAIR RESPONDENTS/ PETITIONER / AND RESPONDENT: ------------------------------------------------------ 1. GLADIS JAMES (DOLLY), MARTIN DALE,VALIATHOPPU, THIRUVANANTHAPURAM 2. SUSHY MARTIN, D/O P.C.MARTIN PLOT NO.206, INDIRA NAGAR KALOOR, KOCHI 682017 BY ADV. SRI. M.BALAGOVINDAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- R.P. No. 360 OF 2008 IN W.P.(C) No. 2132 OF 2008 --------------------- Dated this the 27th day of March, 2008 ORDER This review petition is preferred against the judgment of this court dated 17.1.08 whereby this court directed that the court below has to pass order with respect to Item No.5 afresh. This court also observed that till a revised order is issued, the Commissioner shall not inspect the property. 2. Learned counsel for the review petitioner would submit that there are large number of Items ,which are to be divided and the only question that had been raised is with respect to Item No.5 partibility. A perusal of the judgment of this court in AS 639/91 in para 7 would clearly shows that “a mortgage right in respect of item No.5 in favour of the first defendant was also found and the equity of redemption alone was directed to be partitioned.” So with respect to other items, as ordered by the court, partibility is undisputed and it has to be carried on. 3. So I modify the order passed by me and direct the court below to direct the Commissioner to inspect the property with respect RP NO.360/08 2 to partibility of other items of properties. In the meanwhile, the court can consider and pass appropriate orders with respect to Item No.5 property after hearing all concerned. If the Commissioner has surrendered the warrant, the court may issue a fresh commission to an Advocate for doing the work before the court closes for summer holidays so that the commissioner can do the work during the holidays. The review petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps RP NO.360/08 3