Bhaskaran vs Sreemathi C
2023 Latest Caselaw 6791 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                         OP(C) NO. 393 OF 2023
        AGAINST THE ORDER IN I.A.NO.2/2022 IN FDIA 3/2021 IN
               O.S.NO.263/2014 OF MUNSIFF COURT, KALPETTA
PETITIONER:

           BHASKARAN, S/O KUNJIRAMAN NAIR
           AGED 68 YEARS,
           RESIDING AT EDATHIL,
           CHEEKKALLOR P.O,
           KANIYAMBETTA, WAYANAD- 673122
           BY ADVS.
           NIRMAL V NAIR
           M.ANEESH
           MUHAMMED NASEEF BIN SALIM
           ARATHI PRABHAKARAN
           DELLA ABRAHAM


RESPONDENTS:

    1      SREEMATHI C.,
           AGED 72 YEARS,
           W/O MADHAVAN NAIR, MADATHIL HOUSE, ALATTIL PO,
           MANANTHAVADY, WAYANAD - 670644
    2      SAVITHRI C.,
           AGED 70 YEARS,
           W/O KUMARAN NAIR, MINI HOUSE, KAMMANA P.O,
           MANANANTHAVADY, WAYANAD- 670645
    3      PANKAJAM C., AGED 69 YEARS,
           W/O K. DEVADAS, GRAMAM, MUNDERI P.O,
           KALPETTA, WAYANAD - 670591
    4      VASANTHA C., AGED 64 YEARS,
           W/O N.C RAVEENDRAN, SREESADANAM,
           PINANGODE P.O, KALPETTA, WAYANAD - 673121
    5      VALSALA C.,
           AGED 59 YEARS,
           W/O RAGHAVAN, PAYANTHATTIL HOUSE,
           MADAKKUNNU P.O,
           KALPETTA, WAYANAD - 673121
    6      VIJAYALAKSHMI C.,
           AGED 58 YEARS
           W/O BALAKRISHNAN NAIR,
           PALLIYARAKKANDI HOUSE,
 OP(C) NO. 393 OF 2023

                                    2


              MOILOTHARA P.O, KOTHAD,
              KOZHIKODE DISTRICT - 673513
      7       SUSEELA C.,
              AGED 55 YEARS,
              W/O JANARDHANAN V.K, PUTHENVEEDU,
              MUNDAKUTTY P.O, KATTAYADU, WAYANAD - 670645
      8       GEETHA C.,
              AGED 48 YEARS,
              W/O HAREENDRAN, KOTTARAKUNNU P.O., MOTHAKARA,
              WAYANAD - 670731
      9       ANANTHAN C .,
              AGED 63 YEARS,
              S/O KUNJIRAMAN NAIR, NADUVIL HOUSE,
              CHEEKKALLOR P.O,
              KANIYAMBETTA VILLAGE, WAYANAD - 673122

              R1 to R4
              & R6 TO R9 BY ADVS.M.N.MANMADAN,CGC
                                 P.SEENA


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 393 OF 2023

                                             3


                                    JUDGMENT

Ext.P9 is under challenge. It is an order

passed on an application submitted by the judgment

debtor for remitting back the survey report prepared

through the Commissioner at the final decree stage,

on the reason that the property was not divided

based on its value, means of access and convenience.

At this juncture, the learned counsel for the

respondents submitted that he can choose any of the

item divided by the commissioner by metes and

bounds. There are ten plots divided by the

Commissioner by metes and bounds. The suggestion

made by the learned counsel for the respondents was

not accepted by the counsel for the petitioner.

This would tell upon what is behind it and would

support the allegation that the attempt on the part

of the judgment debtor is to defeat the interest of

the other sharers. There will be a direction to the

trial court to expedite the disposal of the final

decree application within two weeks from the next OP(C) NO. 393 OF 2023

posting date and shall report compliance since

survey of the property is already over.

The O.P.(C) will stand dismissed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 393 OF 2023

APPENDIX OF OP(C) 393/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S 263/2014 ON THE FILES OF THE MUNSIFF COURT, KALPETTA Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S 263/2014 BEFORE THE HONOURABLE MUNSIFF COURT, KALPETTA Exhibit P3 A TRUE COPY OF THE DECREE AND JUDGMENT DATED 29-11-2017 IN O.S. NO. 263/2014 ON THE FILES OF THE MUNSIFF COURT, KALPETTA Exhibit P4 A TRUE COPY OF THE JUDGMENT IN AS.5/2018 DATED 20-12-2019 ON THE FILES OF THE SUB JUDGE, SULTHAN BATHERY Exhibit P5 A TRUE COPY OF THE FD IA 3/2021 FILED BEFORE THE HONOURABLE MUNSIFF COURT, KALPETTA Exhibit P6 A TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED NIL ALONG WITH PLAN DATED NIL Exhibit P7 A TRUE COPY OF THE IA 2/2022 IN FDIA3/2021 DATED 22-11-2022 TO REMIT BACK THE COMMISSION REPORT AND PLAN Exhibit P8 A TRUE COPY OF THE OBJECTION DATED 19-6-2022 FILED BY THE RESPONDENTS Exhibit P9 A TRUE COPY OF THE ORDER DATED 13-1-2023 IN I.A. NO. 2/2022 IN FDIA NO. 3/2021 IN O.S. NO. 263/2014