IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1873 of 2009(W) ------------------------------------------- OS.10/2005 of SUB COURT, OTTAPPALAM .................... PETITIONERS: 1. CHERAKKA PADMINI AMMA, W/O. NARAYANAN NAIR, 'BABU NIVAS', MANNEMKODE. 2. GIRIJA, D/O. CHERAKKA PADMINI AMMA, DO...DO... 3. BEENA KUMARY, DO. DO. BY ADV. SRI.C.DILIP RESPONDENTS: 1. JAYADEV, S/O. CHERAKKA SANKARI THIRUVALI AMSOM, PUNNAPPELA DESOM NILAMBOOR TALUK, MALAPPURAM DISTRICT. 2. NANGHAT THULASIDHAS, S/O.PALAPPATTA SNAKUNNI NAIR, VADANAMKURUSSY. 3. BINDU, D/O. LATE CHERAKKA DEVAKI AMMA VADANAMKURUSSY. 4. PRAVEENDAS, S/O. PALAPPATTA SANKUNNI NAIR, VADANAMKURUSSY. 5. CHERAKKA PREMALATHA, W/O. SIVASANKARAN MANOOR, PANAYAPPILLY VEEDU. 6. CHERAKKA SANKARI, W/O. KESAVAN JAYAMANDIR, PUNNAPPELA, VANDOOR. 7. CHERAKKA KUNHULAKSHMI @ THANKAM SREEKUMAR, W/O. SREEKUMAR MENON, KARATTUKURUSSY AMSOM, CHALAVARA DESOM, OTTAPALAM TALUK. 8. MANOJ, S/O. CHERAKKA KUNHULAKSHMI 9. NALINI, D/O. CHERAKKA KUNHULAKSHMI 10. CHERAKKA BALAGANGADHARAN S/O. CHERAKKA MOOKAMI @ AMMU AMMA, 'SREERAG' MANNENGHODE, KOPPAM, PULASSERY. 11. CHERAKKA SATHYABHALAN, SOUPARNIKA PUVATHOOR PO, THIROOR. 12. CHERAKKA GOPOI MOHANAN @ VASUKUTTAN KARUNA SADAN, PANAYOOR PO, VANIYAMKULAM (VIA) 13. CHERAKKA SUJATHA, W/O. KUTTINARAYANAN KARUNA SADAN, PANAYOOR PO, VANIYAMKULAM (VIA) 14. CHERAKKKA VIJAYAKUMARY @ VIJAYA BALAKRISHNAN, W/O. BALAKRISHNA MENON, 473/SECTOR -4, R.K.PURAM, NEW DELHI. 15. RENUKA, D/O. CHERAKKA PADMINI AMMA 16. JAYARAJ, S/O. CHERAKKA SANKARI, JAYAMANDIR, PUNNAPPALA DESOM, NILAMBUR TALUK. 17. JAYADEEP, S/O. CHERAKKA SANKARI, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.1873 of 2009 W -------------------------- JUDGMENT Petitioners are defendants 6,7 and 9 in O.S.No. 10/05 on the file of the Sub Court, Ottapalam and respondents 2 to 9 are the plaintiffs in the said suit. Plaintiffs filed the suit for partition of the plaint schedule properties. According to the counsel for the petitioners, petitioners raised contentions that entire scheduled properties are not available for partition and that the first respondent along with two others filed written statement conceding to the plaint averments. It is further submitted that the first respondent herein is the 11th defendant in the above suit and that other respondents, namely, 10th respondent onwards, are the other defendants in the suit. 2. The first respondent/11th defendant filed Exhibit P3 application to transpose him as supplemental 9th plaintiff in the suit. Petitioners filed Exhibit P4 objection strongly resisting the WPC 1873/09 2 prayer made in Exhibit P3 application. It is the contention of the counsel for the petitioners that the court below has, by Exhibit P5 cryptic order, allowed the application without considering any of the contentions raised or the provisions of law pointed out and hence this writ petition assailing Exhibit P5 order. 3. It is seen that Exhibit P4 objection raising several contentions are filed to resist the prayer in Exhibit P3 application to transpose the 11th defendant as additional 9th plaintiff. However, without considering any of those objections, the court below passed Exhibit P5 impugned order, which reads as follows: “Petition filed under Order XXIII Rule 1(A) of CPC. Counter filed. Heard. Petition is allowed.” This is not a judicial order and cannot be sustained even for a moment. Hence, I set aside WPC 1873/09 3 Exhibit P5 order and remit the case back to the court below to pass appropriate considered order on Exhibit P3 application considering also Exhibit P4 objection filed by the petitioners. The writ petition is, thus, allowed. Petitioners are directed to produce a copy of this judgment in the court below forthwith with notice to the counsel for the respondents, as this writ petition is being disposed of without notice to the respondents. Issue copy of this judgment to the counsel for the petitioners urgently. 19th January, 2009 (K.P.Balachandran, Judge) tkv