Manikandan v. Ramachandran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 OP(C).No. 662 of 2015 (O) -------------------------- IN OS 212/2007 of MUNSIFF COURT, MANJERI PETITIONER(S):

-------------------------- MANIKANDAN AGED 42 YEARS, S/O.NECHIKKADAN RADHALAKSHMI, MANIKANDA NIVAS MULLAMPARA ROAD, P.O.MANJERI, MALAPPURAM DISTRICT BY ADVS.SRI.VINOD RAVINDRANATH SRI.T.SIVADASAN SMT.MEENA.A.

SRI.SAJU.S.A SRI.K.C.KIRAN SRI.M.DEVESH RESPONDENT(S):

---------------------------- RAMACHANDRAN S/O.NECHIKADAN KELU, MATHILVALAPPIL HOUSE P.O.EREIVETTI, MALAPPURAM DISTRICT.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 662 of 2015 (O) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE PRELIMINARY DECREE FOR PARTITION IN O.S.212/2007, DATED 11.12.2009 ON THE FILE OF THE MUNSIFF COURT, MANJERI P2TRUE COPY OF I.A.604/13 DATED 4.3.2013 FILED FOR IMPLEADING THE LEGAL HEIRS OF DECEASED RADHALAKSHMI IN THE FINAL DECREE PROCEEDINGS P3TRUE OCPY OF IA 1740/2012 DATED 17.9.2012 ON THE FILE OF THE MUNSIFF COURT, MANJERI RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 662 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015

J U D G M E N T

In a suit for partition, a preliminary decree was passed on 01.02.2009 in which the plaintiffs were alloted 6/8 shares. The other two shares were allotted to the defendants. In pursuance to the preliminary decree, final decree proceedings were initiated as per I.A.No. 227/2010. Consequent upon the death of the third defendant, which brings about a change in the shares of the parties, the petitioner filed I.A.No.1740/2012 for passing of a supplementary preliminary decree. That application is pending. The request of the petitioner is that there may be a direction to dispose of the said petition.

2.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.

O.P.(C) No. 662 of 2015 -2This petition is allowed and the court below is directed to take up Ext.P3 petition and dispose it of on merits as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. This will not preclude the court below from entertaining any petition in this proceedings. Sd/- P.BHAVADASAN JUDGE //True copy// P.A. to Judge