Dismissed

Francis v. Jose

Kerala HC10 Jan 2014OP(C)/2689/2013

Case brief

AI extract

What is this about?

In a partition suit involving 3 cents of land with a building, the trial court ordered a judicial sale among sharers after an Advocate Commissioner valued the property at Rs.32 lakhs. The High Court dismissed the petitioner's original petition, holding that any sharer can offer a higher price, and thus no adjournment for the sale was necessary.

What did the court decide?

The original petition is dismissed; the trial court is directed to re-fix the date for sale of the property.

Francis Vs Jose — Partition | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

FRIDAY, THE 10TH DAY OF JANUARY 2014/20TH POUSHA, 1935

¶5

OP(C).No. 2689 of 2013 (O)

¶6

AGAINST THE JUDGMENT IN OS 465/1998 of PRL.SUB COURT, THRISSUR

¶7

PETITIONER:

¶8

FRANCIS, AGED 69 YEARS S/O PADAVAN ANTHONY, ERINJERI ANGADI, THRISSUR TALUK.

¶9

BY ADV. SRI.G.SREEKUMAR (CHELUR)

¶10

RESPONDENT:

¶11

JOSE S/O MNGALAM FRANCIS KHASEESA, MANNUTHY DESOM OLLUKARA VILLAGE, THRISSUR TALUK-680 001.

¶12

BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA

¶13

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

OP(C).No. 2689 of 2013 (O)

¶15

APPENDIX

¶16

PETITIONER(S)' EXHIBITS

¶17

EXHIBIT P1	:	A TRUE COPY OF THE COMMISSIONER'S REPORT IN IA NO.5414 OF 2002 IN O.S.NO.465 OF 1998 ON THE FILE OF THE SUB COURT, THRISSUR DATED 11.4.2013.
EXHIBIT P2	:	A TRUE COPY OF THE PETITION IA NO.6998 OF 2013 IN IA NO.5414 OF 2012 IN OS NO.465 OF 1998 ON THE FILE OF THE SUB COURT, THRISSUR DATED 26.7.2013.
EXHIBIT P3	:	A TURE COPY OF THE PETITION IA NO.6997 OF 2013 IN IA NO.5414 OF 2012 IN OS NO.465 OF 1998 ON THE FILED OF THE SUB COUT, THRISSUR DATED 26.7.2013.
EXHIBIT P4	:	A TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER TO EXT.P1 DATED 26.7.2013.
EXHIBIT P5	:	A TRUE COPY OF THE NOTICES GIVEN TO THE PETITIONER DATED 15.7.2013.

¶18

RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A.TO JUDGE

JJJ

N.K. BALAKRISHNAN, J.

¶24

O.P.(C) No. 2689 of 2013

¶25

Dated this the 10^th day of January, 2014

¶26

J U D G M E N T

¶27

It is submitted by the learned counsel for the petitioner that an appeal was filed challenging the preliminary decree and that appeal is pending before this court. The learned counsel for the respondent submits that, that appeal was dismissed for default. The learned counsel for the petitioner submits that a petition has been filed for restoration of that appeal and it is pending.

¶28

The property sought to be divided is only 3 cents of land with a building thereon. Hence, the Commissioner could not effect physical division of the property. Instead, the whole property was valued at Rs.32 lakhs. The court has ordered sale of the property among the sharers accepting that valuation.

¶29

O.P.(C) No.2689/2013

¶30

-2-

¶31

The petitioner's grievance is that the value suggested by the Advocate Commissioner at Rs.32 lakhs is far less than the actual value of the property. If, as a matter of fact, the value suggested by the Commissioner at Rs.32 lakhs is less, then certainly the petitioner can offer a higher amount. Since the sale is among the sharers, there can be no difficulty to offer maximum price by any of the sharers for getting the bid knocked in his favour. In these circumstances, I find no reason to adjourn the sale. The trial court will re-fix the date for sale of the property.

¶32

In the result this Original Petition is dismissed.

¶33

Sd/N.K. BALAKRISHNAN, JUDGE

¶34

//True Copy//

¶35

P.A. to Judge

¶36

jjj

Francis v. Jose

Case brief

What is this about?

What did the court decide?

Francis v. Jose

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

P.S. Viswanathan Vs Spl. Tahsildar

Devaki Amma Vs Ramachandran Pillai

Sini Chandra Vs Neelambaran

K.P Remanan Vs Smt. Rajamma

Prasantha K. Vs Rajendran

Balakrishnan Nair Vs Lathika