Sudhakaran vs Santhakumari and Others

Thomas P. Joseph, J.—Defendant No. 3 in O.S. No. 330 of 2003 of the court of learned Munsiff, Thalassery is the petitioner before me. Preliminary judgment and decree for partition were passed observing in paragraph six of the judgment that possession of petitioner over portion of the property (where he is said to have constructed a building) is to be protected to the extent possible while effecting partition by metes and bounds. Grievance of petitioner is that Advocate Commissioner while preparing Ext.P2, report and plan has disregarded that direction. Petitioner filed Ext.P3, objection to the report and plan on 17.07.2008 requesting the learned Munsiff to set aside Ext.P2, report and plan. But without considering the objection learned Munsiff is about to pass a final decree. Petitioner seeks a direction to the learned Munsiff to consider Ext.P3, objection.

If petitioner has preferred an objection to Ext.P2, report and plan there is no reason to think that learned Munsiff will disregard the objection and pass a final decree. It will be open to petitioner to urge the objection before the learned Munsiff.

With the above observation, this Writ Petition is closed.