High Court of KeralaOP(C)/2831/2013dismissed

Yousaf v. Kunheerumma

2015-07-30Honourable Mr. Justice B.Kemal Pasha6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 OS 121/2010 of MUNSIFF COURT, OTTAPPALAM --------------------------- PETITIONER(S):

---------------------- YOUSAF, AGED 58 YEARS, S/O.AAMAKATTUPARAMBIL DECEASED MAMMU, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK.

BY ADV. SRI.K.RAVI (PARIYARATH) RESPONDENT(S):

-------------------------

1. KUNHEERUMMA, AGED 69 YEARS, W/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK- 679101.

2. MOIDEEN BAVA, AGED 47 YEARS, S/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM OTTAPALAM TALUK- 679101.

3. BEEVIKUTTY UMMA, AGED 41 YEARS, D/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK- 679101.

4. FATHIMAKUTTY UMMA, AGED 39 YEARS, D/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK- 679101.

5. SELMA UMMA, AGED 35 YEARS, D/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK 679101.

.....2/-

..2..

6. SAIBU, AGED 33 YEARS, S/O.DECEASED VEERANKUTTY, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM, DESOM, OTTAPALAM TALUK- 679101.

7. PATHUMA, AGED 62 YEARS, W/O.AAMAKATTUPARAMBIL DECEASED MUHAMMED, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK.- 679101.

8. BASHEER, S/O.7TH RESPONDENT, AGED 42 YEARS AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM OTTAPALAM TALUK. 679101.

9. LAILA, D/O. 7TH RESPONDENT, AGED 40 YEARS AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

10. NAZER, S/O. 7TH RESPONDENT, AGED 38 YEARS, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

11. RAZACK, S/O. 7TH RESPONDENT, AGED 36 YEARS, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

12. ZEENATH, D/O.7TH RESPONDENT, AGED 34 YEARS, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

13. KUNHACHU, W/O.AAMAKATTUPARAMBIL DECEASED UMMER PULLUNDASSERI AMSOM, DESOM OTTAPALAM TALUK- 679101.

14. SUHARA, D/O.KUNHACHU, AGED 33 YEARS, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

15. RASHEED, S/O.KUNHACHU, AGED 29 YEARS, AAMAKATTUPARAMBIL, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

16. BEEPATHUMMA, , AGED 67 YEARS, D/O.AAMAKATTUPARAMBIL MAMMU, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

17. THITHUMMAKUTTY UMMA, AGED 67 YEARS, D/O.AAMAKATTUPARAMBIL MAMMU, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

....2/-

..2..

18. KHADHEEJA UMMA, AGED 59 YEARS, D/O.AAMAKATTUPARAMBIL MAMMU, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

19. HASSAN, AGED 68 YEARS, S/O.AAMAKATTUPARAMBIL MAMMU, PULLUNDASSERI AMSOM DESOM, OTTAPALAM TALUK- 679101.

R19 BY ADV. SRI.P.JAYARAM THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT OTTAPALAM DATED 6-4-10 EXT.P2 - TRUE COPY OF THE WRITTEN STATEMENT FILED AT THE INSTANCE OF THE 19TH RESPONDENT IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT OTTAPALAM DATED 15-12-10 EXT.P3 - TRUE COPY OF THE WORK MEMO FILED AT THE INSTANCE OF THE PETITIONER IN O.S.NO.121/10 DATED 18-7-12 EXT.P4 - TRUE COPY OF THE COMMISSIONER'S REPORT AND PLAN FILED IN I.A.1179/11 IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT OTTAPALAM DATED NIL.

EXT.P5 - TRUE COPY OF THE OBJECTIONS FILED AT THE INSTANCE OF THE PETITIONER TO COMMISSIONER'S REPORT AND PLAN FILED IN I.A.1179/11 IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT OTTAPALAM DATED 19-11-12.

EXT.P6 - TRUE COPY OF THE OBJECTIONS FILED AT THE INSTANCE OF THE 19TH RESPONDENT TO COMMISSIONER'S REPORT AND PLAN FILED IN I.A.1179/11 IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT OTTAPALAM DATED 21-11-12.

EXT.P7 - TRUE COPY OF THE I.A.3073/12 IN O.S.NO.121/2010 ON THE FILE OF THE MUNSIFF COURT, OTTAPALAM FILED AT THE INSTANCE OF THE PETITIONER TO SET ASIDE COMMISSIONER'S REPORT AND PLAN DATED 19-11-12.

EXT.P8 - TRUE COPY OF THE ORDER PASSED BY THE LEARNED MUNSIFF OTTAPALAM IN I.A.3073/12 IN O.S.NO.121/2010 DATED 26-6-13 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.2831 of 2013 ````````````````````````````````````````````````````````````` Dated this the 30th day of July, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ The main contesting respondent is the 19th respondent. Notice to others is dispensed with. 2.

An application to set aside the Commissioner's report and plan was filed as IA No.3073/2012 in OS No.121/2010. The suit is one for partition. The claim of the plaintiff is that plaint B schedule property presently in the possession of the 19th defendant is the property which has to be partitioned. According to the plaintiff, plaint B schedule property is the property now available for partition. 3.

The 19th defendant claims that the said property was sold to him by his father through a sale deed. The identity of plaint B schedule property is not in question at all. There is no dispute with regard to the identity of plaint B schedule property. In such a context, the Commissioner's

OPC.2831/2013 : 2 :

report and plan are not liable to be set aside. 4.

After all, it is a suit for partition. Even the preliminary decree has not been passed. The identity of plaint B schedule property is not in question. Matters being so, Ext.P8 order is not liable to be interfered with. It is a suit of 2010. The parties have to co-operate with the disposal of the suit as expeditiously as possible.

In the result, this O.P.(Civil) is dismissed. Sd/- (B.KEMAL PASHA, JUDGE) aks/30/07 // True Copy // PA to Judge