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THAZHETHETHIL LAKSHMI versus THAZHETHETHIL KINHIKORU

High Court of Kerala

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THAZHETHETHIL LAKSHMI v. THAZHETHETHIL KINHIKORU - WP(C) No. 22866 of 2005(V) [2007] RD-KL 11943 (3 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22866 of 2005(V)

1. THAZHETHETHIL LAKSHMI,
... Petitioner

2. PREMA, D/O. LAKSHMI, DO.

3. VASUDEVAN, S/O. LAKSHMI, DO.

4. CHANDRA, D/O. LAKSHMI OF DO.

5. INDIRA, D/O. LAKSHMI OF DO.

Vs

1. THAZHETHETHIL KINHIKORU,
... Respondent

2. T. DEVAKI OF DO.

3. T. VELYUDHAN OF DO.

4. R. RADHA OF DO.

5. T. KRISHNAN OF DO.

6. T. DIVAKARAN OF DO.

7. T. JANAKI OF DO.

8. T. NARAYANAN OF DO.

9. T. KOUSALIA, OF DO.

10. T. VENU OF DO.

11. T. SIVAN @ AYYAPPAN OF DO.

12. T. KARUNANN OF DO.

13. T. PRANGODAN OF DO.

14. T. PRABHA OF DO.

15. T. NARAYANAN OF DO.

16. T. KUNHIKALI OF DO.

For Petitioner :SRI.K.HARILAL

For Respondent :SRI.R.RAJESH KORMATH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :03/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.22866 OF 2005 ...........................................................

DATED THIS THE 3RD JULY, 2007



J U D G M E N T

It is reported by counsel that the 13th respondent is also no more. But, having gone through the averments in the writ petition and having heard the submissions addressed before me by Smt.Bindu Sreekumar, counsel for the petitioners and Sri.Rajesh R.Kormath, counsel for the contesting respondents, I am of the view that it is in the interest of both sides who are parties in a suit for partition, now at the stage of final decree proceedings, to have the final decree proceedings finalised at the earliest.

2. Accordingly I dispose of the Writ Petition directing the Munsiff-Magistrate, Perinthalmanna who is presently in seisin of the final decree proceedings in O.S.No.106 of 1991 to do everything possible at his end so as to ensure that the final decree is passed on the basis of the final decree proceedings presently pending. The learned Munsiff-Magistrate will issue appropriate directions to the concerned parties for impleading the legal representatives of all the respondents-defendants who have died in the meanwhile. Final decree will be passed by the learned Munsiff-Magistrate at the earliest and at any rate within four months of receiving copy of this judgment. The WP(C)N0.22866/05 learned Munsiff-Magistrate while passing the final decree will keep in mind all the terms of the preliminary decree regarding the extent of the shares to which the parties are entitled and also regarding the liability of the parties for payment of mesne profits.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0.22866/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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