Kerala High Court
Elangovan vs Prasad on 17 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
OP(C).No.668 OF 2018(O)
IN F.D.I.A.NO.4870/2013 IN O.S. NO.122/1995 OF ADDITIONAL
SUB COURT, PALAKKAD
PETITIONERS/PETITIONERS/3RD PARTIES:
1 ELANGOVAN,
S/O LATE KRISHNASWAMY,
AGED 42 YEARS,
RESIDING AT "CHAMBATH KALAM",
POLPULLY P.O., PALAKKAD.
2 SANDTHYA,
W/O ELANGOVAN, AGED 31 YEARS,
RESIDING AT "CHAMBATH KALAM", POLPULLY P.O.,
PALAKKAD.
BY ADVS.SRI.JACOB SEBASTIAN
SMT.ANU JACOB
SRI.K.V.WINSTON
RESPONDENTS/RESPONDENTS/PETITIONERS AND RESPONDENTS:
1 PRASAD,
S/O BHASKARAN, AGED 34 YEARS,
RESIDING AT MANIYANKATTIL HOUSE,
KOPPAM, PALAKKAD-679001
2 THANKAMANI,
W/O SEKARAN, AGED 64 YEARS,
RESIDING AT VENOLI,PUTHUSSERY,
PALAKKAD-678623.
3 SURENDRAN,
S/O KOTHARAMAN,
AGED 66 YEARS,
RESIDING AT "MANIYAMKATTILHOUSE",
KOPPAM, PALAKKAD. 679001
4 SUSEELA,
W/O GOPALAN, AGED 65 YEARS,
G.S.F.E (FU) LTD,
P B 18 KASAMBA 394120 GUJARATH.
O.P.(C)No.668/2018
-:2:-
5 DAMAYANTHI,
W/O HARIDAS,
AGED 61 YEARS, KALPAKAVUNDAM,
KATTUR, COIMBATORE, TAMILNADU. 641009.
6 PARVATHY,
W/O PAVITHRAN, AGED 57 YEARS,
"MANATH VEETIL", PANAYOOR,ATHILKODE,
PALAKKAD. 678552
7 OMANA,
W/O BHASKARAN, AGED 57 YEARS, "MANIYAMKATTIL
HOUSE",KOPPAM, PALAKKAD.679001.
8 PRAVEENA,
D/O BHASKARAN, AGED 34 YEARS,
"MANIYAMKATTIL HOUSE",KOPPAM,
PALAKKAD.679001.
9 PRADEESH,
S/O BHASKARAN, AGED 32 YEARS,
"MANIYAMKATTIL HOUSE",KOPPAM,
PALAKKAD.679001.
10 PRASEETHA,
D/O BHASKARAN, AGED 29 YEARS,
"MANIYAMKATTIL HOUSE",
KOPPAM, PALAKKAD.679001.
R1, R5, R10 BY ADV. SRI.K.ABOOBACKER SIDHEEQUE
R4 BY ADV. SRI.BINOY VASUDEVAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.668/2018
-:3:-
Dated this the 17th day of March,2021
J U D G M E N T
This is a matter which arises out of final
decree proceedings in O.S.No.122/1995 on the file
of Additional Sub Judge, Palakkad. This original
petition was filed challenging Ext.P5 common order
passed in I.A.Nos.64 & 65/2015 filed by the
petitioners herein. They are third parties to the
final decree proceedings; but at the same time
persons interested in a portion of decree schedule
property. They sought to be impleaded as
supplemental respondents and claimed allotment of
share of property in their possession.
Applications were dismissed by the court below.
2. It is reported that the matter has been
settled between petitioners and the sharers in the
property. The petitioners and sharers joining
themselves sold the disputed portion of property
under Ext.P6 sale deed No.1932/2020 of SRO,
Palakkad to the vendees thereunder. A photocopy of
the sale deed was produced in this proceedings. It
was agreed between parties that the property sold
by them shall be excluded from the decree schedule
property for which Ext.P7[I.A.No.217/2021 in
O.P.(C)No.668/2018
F.D.I.A.No.4870/2013 in O.S.No.122/1995] was
submitted before the Additional Sub Judge,
Palakkad by the transposed petitioner in the final
decree proceedings.
3. In view of the settlement arrived at
between parties and consequent sale of the
property, it is only fair that the property sold
should be excluded from final decree proceedings.
This exclusion has to be ordered by the court
below by disposing of Ext.P7 application
aforesaid.
In the result, this original petition is
disposed of as settled. The court below shall take
up [I.A.No.217/2021 in F.D.I.A.No.4870/2013 in
O.S.No.122/1995] for urgent consideration and pass
necessary orders and proceed to decide the final
decree proceedings in accordance with law.
All pending interlocutory applications will
stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
O.P.(C)No.668/2018
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REGISTERED PARTITION
DEED NUMBER 1825/1983 OF SRO PALAKKAD.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED JUNE
27, 1998 IN O.S NO.122/1995 OF THE
COURT OF THE SUBORDINATE JUDGE OF
PALAKKAD.
EXHIBIT P3 A TRUE COPY OF THE I.A NO.64/2015 IN
F.D.I.A NO.4870/2013 IN O.S.NO.122/1995
OF THE COURT OF THE ADDITIONAL
SUBORDINATE JUDGE OF PALAKKAD.
EXHIBIT P4 A TRUE COPY OF I.A 65/2015 IN F.D.I.A
NO.4870/2013 IN O.S NO.122/1995 OF THE
COURT OF THE ADDITIONAL SUBORDINATE
JUDGE OF PALAKKAD.
EXHIBIT P5 A TRUE COPY OF THE COMMON ORDER DATED
DECEMBER 19, 2017 IN I.A 64/2015 IN
F.D.I.A NO.4870/2013 IN O.S NO.
122/1995 OF THE COURT OF THE ADDITIONAL
SUBORDINATE JUDGE OF PALAKKAD.
EXHIBIT P6 A TRUE COPY OF REGISTERED SALE DEED
NUMBER 1932/2020 OF THE SRO, PALAKKAD.
EXHIBIT P7 A TRUE COPY OF I.A.NO.217/2021 IN
F.D.I.A. NO.4870/2013 IN O.S. NO.
122/1995 OF THE COURT OF THE ADDITIONAL
SUBORDINATE JUDGE OF PALAKKAD.
RESPONDENTS' EXHIBITS: NIL
