Allowed

Mrs.Meena @ Ramanathan v. K.P.Prabhakaran

Kerala HC5 Feb 2008CRP/1911/2003

Case brief

AI extract

What is this about?

The High Court of Kerala, in a civil revision, addressed the rights of a petitioner who purchased the 6th respondent's share in a partition suit. It clarified that such purchase does not entitle the buyer to specific room allotment in the final decree but supports possession pending final division.

What did the court decide?

The order of the Subordinate Judge is set aside; the case is remitted to dispose of the matter afresh within two months.

Mrs.Meena @ Ramanathan Vs K.P.Prabhakaran — Partition | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

¶4

TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929

¶5

CRP.No. 1911 of 2003()

¶6

---------------------AGAINST THE ORDER DATED 19/09/2003 IN EA.3254/02 IN IA.864/91 IN OS.261/1981 of I ADDL.SUB COURT, KOZHIKODE

¶7

REVN. PETITIONER: PETITIONER

¶8

¶9

MRS.MEENA S.RAMANATHAN W/O. RAMANATHAN RESIDING AT KASABA AMSOM & DESOM OF KOZHIKODE TALUK.

¶10

BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN

¶11

RESPONDENTS: RESPONDENTS

¶12

¶13

K.P.PRABHAKARAN S/O. K.P.KORUKUTTY

¶14

K.P.BHARATHAN S/O. K.P.KORUKUTTY

¶15

1 & 2 RESIDING AT KASABA AMSOM & DESOM KOZHIKODE TALUK.

¶16

K.NARAYANI W/O. KORUKUTTY RESIDING AT KASABA AMSOM & DESOM, KOZHIKODE TALUK.

¶17

K.P.IMBACHAN RESIDING AT VELIAYIKKOD AMSOM AND DESOM OF KOZHIKODE TALUK.

¶18

K.P.APPUKUTTY S/O PERAVAN, KASABA AMSOM & DESOM, KOZHIKODE TALUK.

¶19

K.P.SUBHANA W/. KORUKUTTY, NAGARAM AMSOM & DESOM, KOZHIKODE TALUK.

¶20

K.P.TESSY D/O. KORUKUTTY, RATNA NIVAS, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK.

¶21

K.P.RATNA SINGH, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK.

¶22

K.P.BHAGAVAL SINGH, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK.

¶23

BY ADV. SRI.P.R.VENKITESH

¶24

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶25

M.N.KRISHNAN, J.

¶26

C.R.P. NO. 1911 OF 2003

¶27

Dated this the 5^th day of February, 2008

¶28

ORDER

¶29

This revision petition is preferred against the order of the Subordinate Judge, Kozhikode in EA 3254/02 in IA 864/91 in OS 261/81.

¶30

By the said order the court had suo motu reviewed the order dated 27.8.03 and posted the case for hearing. After hearing both sides, the contention appears to be that the revision petitioner has purchased the right of the 6^th respondent in auction and it is averred that the 6^th respondent was in possession of room Nos. 103 to 105 in the ground floor, 108 to 116 and 118 in the first floor of the southern block of Kerala Bhavan. If the 6^th respondent was in possession of those rooms on the basis of any arrangement between the parties or on account of the arrangement made by the court as per order dated 7.9.02 naturally, the purchaser is entitled to step into the shoes of the said respondent. But, at the same time it has to be made clear that it will not confer any right on that person to get those rooms specifically allotted to him in the final decree for the reason that,

¶31

C.R.P. NO.1911/03

¶32

¶33

larger questions may have to be considered at the time of actually effecting division by mets and bounds in the final decree for partition.

¶34

Therefore, if the 6^th respondent has been in

¶35

possession of the rooms mentioned above, by an order of the court, then as a consequence on the purchase of right of the 6^th respondent, the present revision petitioner may also be entitled to have possession of the rooms till a final adjudication is made.

¶36

Therefore, I set aside the order passed by the court below and direct it to consider the matter afresh in the light of the discussions made above and then dispose of the matter in accordance with law. The court shall try to dispose of the matter within a period of two months from the date of receipt of a copy of this judgment.

¶37

The civil revision petition is disposed of accordingly.

¶38

M.N.KRISHNAN, JUDGE

¶39

vps

¶40

C.R.P. NO.1911/03 3

Mrs.Meena @ Ramanathan v. K.P.Prabhakaran

Case brief

What is this about?

What did the court decide?

Mrs.Meena @ Ramanathan v. K.P.Prabhakaran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.S.E.B.,Rep.by Its Secretary,Tvpm. Vs Krishnan Nair Gopinathan Nair

Nisha Vs Babu

Anupama M.Raveendran Vs Ajayakumar and Others

K.S.E.Board Vs a.C.Devadasan

Kunjumon Vs Sajeevan

K.Ajithkumari Vs Power Grid Corporation of Idndia Ltd.