Sharadambika v. Madhusudanan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 OP(C).No. 2441 of 2015 (O) --------------------------- (AGAINST THE ORDER IN IA.NO.741/2014 IN IA.NO.470/2014 IN OS.NO.142/2014 OF THE COURT OF MUNSIFF AT ALATHUT DATED 20.03.15 ------------------------ PETITIONER(S):

-------------------------- SHARADAMBIKA AGED 68 YEARS W/O.NARAYANAN, RESIDING AT 25/16, TEACHERS' COLONY 3RD STREET, TIRUPUR, TAMIL NADU BY ADV. SRI.AJEESH K.SASI RESPONDENT(S):

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

1. MADHUSUDANAN, AGED 52 YEARS S/O.LATE ACHUTHAN NAIR, DAMODHARA VILAS NOTTATHU HOUSE, BEMMANIYUR, PARUTHIPULLI P.O AALATHUR, PALAKKAD 678 573

2. SAROJA D/O. LATE ACHUTHAN NAIR, DAMODHARA VILAS NOTTATHU HOUSE, BEMMANIYUR, PARUTHIPULLI P.O AALATHUR, PALAKKAD 678 573

3. DAMODARAN UNNI, S/O. LATE ACHUTHAN NAIR, NOTTATHU HOUSE, BEMMANIYUR PARUTHIPULLI P.O, AALATHUR, PALAKKAD 678 573 R1-R2 BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) R1-R2 BY ADV. SRI.P.B.KRISHNAN R1-R2 BY ADV. SRI.P.M.NEELAKANDAN R1-R2 BY ADV. SRI.P.B.SUBRAMANYAN R1-R2 BY ADV. SRI.SABU GEORGE R1-R2 BY ADV. SRI.S.NITHIN (ANCHAL) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2441 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO 142/2014 ON THE FILE OF THE COURT OF THE MUNSIFF AT ALATHUR EXHIBIT P2 TRUE COPY OF THE ORDER I.A NO 470/2014 IN O.S NO 142/2014 OF THE COURT OF THE MUNSIFF OF ALATHUR DATED 07/04/2014 EXHIBIT P3 TRUE COPY OF THE ORDER IN I.A NO 741/2014 IN I.A NO 470/2014 IN O.S NO 142/2014 OF THE COURT OF THE MUNSIFF OF ALATHUR DATED 20/03/15 EXHIBIT P4 TRUE COPY OF THE COMMON JUDGMENT IN CMAS NOS. 41/2015 & 42/2015 OF THE COURT OF ADDL. DISTRICT JUDGE-IV, PALAKKAD DATED 19/08/2015 RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //True Copy// PA to Judge

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C).No.2441 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2015

J U D G M E N T

Petitioner is the plaintiff in OS.142 of 2014 of Munsiff Court, Alathur. The suit is for partition. In Ext.P2 order the learned Munsiff observed that the respondents may alienate the property with the knowledge and consent of the court. Later, respondents 1 and 2 filed IA.741 of 2014 for permission to alienate the property. By Ext.P3 impugned order the learned Munsiff granted them permission to alienate the property observing that the alienation will be subject to the result suit. This was challenged in CMA. By Ext.P4 judgment the appellate court dismissed the appeal. Its correctness is challenged. 2.

Heard.

3.

It is by Ext.P2 order the learned Munsiff granted permission to respondents 1 and 2 to alienate the property. That has not been challenged. Ext.P3 is only a consequential one. So long as Ext.P2 order is not challenged the petitioner is not entitled to challenge Ext.P3

O.P.(C).No.2441 of 2015 order.

4.

There was an earlier suit in respect of the very same property as OS.2 of 2006. It was on the basis of a will allegedly executed by the predecessor of the parties that suit was filed. The petitioner was not a party to it. The court found one of the two wills produced in the case as genuine. The petitioner has allegedly received the amount bequeathed to her under the will which has been held to genuine. It is a registered document executed jointly by her and two others. In these circumstances, I do not find anything wrong in the order passed by the learned Munsiff, which has been confirmed by the appellate court.

In the result, this O.P is dismissed. The learned Munsiff is directed to dispose of the suit as expeditiously as possible.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge