Dismissing an original petition under Article 227, the Court held that summoning school records is unnecessary at the preliminary decree stage of a partition suit, which only requires ascertaining parties' inheritance rights and property availability.
Original petition challenging the dismissal of the application to summon records was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939
OP(C).No. 4142 of 2013
AGAINST THE ORDER DATED 27.9.2013 IN I.A.NO.2473/2013 IN OS. NO.79/2009 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, TIRUR
PETITIONER:1ST PETITIONER:1ST DEFENDANT:
SETHUMADHAVA PANIKKAR
S/O.PANIKKARKANDI KALARIKKAL KRISHNA PANIKKAR RESIDING AT NO.9,9TH CROSS, P.O VIMANAPURAM, BANGALORE 17.
BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE
RESPONDENTS:RESPONDENTS: PLAINTIFF & DEFENDANTS 2 TO 12:
OP(C).No. 4142 of 2013
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R1 BY ADV. SRI.V.A.MUHAMMED
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 4142 of 2013 (O)
APPENDIX PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF ORDER IN O.S.NO.79/2009 DATED 27-09-2013
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
AHZ/
P.Somarajan, J.
O.P.(C) No.4142 of 2013 (O)
Dated this the 15th day of February, 2018
JUDGMENT
The defendant No.1 came up with this Original Petition under Article 227 of the Constitution of India challenging the validity of the order dated 27.9.2013 in I.A.No.2473 of 2013 in O.S.No.79 of 2009 on the file of the Sub Court, Tirur. The said application was filed for summoning certain records from the Assistant Educational Officer. The requirement is to summon and produce the entire records during the periods 1983-84, 1984-85, 1985-86, 1986-87 and 1987-88 maintained by the A.E.O. pertaining to the school situated in the subject matter of partition. The said application was dismissed by the lower court by its order dated 27.9.2013. Aggrieved by the said order, this Original Petition is filed.
by the father of the plaintiff and defendants inclusive of the
O.P.(C) No.4142 of 2013 (O)
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property wherein a school is functioning. The argument advanced by the learned counsel for the defendants is that the mother is acting as the Manager of the school and as such, in order to prove the said fact, production of the above said documents is necessary. But, it is a suit for partition. In a suit for partition, at the preliminary decree stage, the jurisdiction vested with the Court is to look into the right claimed by both the parties by way of inheritance over the movable and immovable properties, to fix their respective entitlement of shares and to pass a preliminary decree in accordance with the said fixation. In the preliminary decree stage, it is not necessary to go into the question of extent of immovable property or any other property left behind by the deceased. The only question to be looked into is whether there is intestate succession or not and whether the properties are capable and available for partition. The production of records pertaining to the administration of the school maintained by AEO is not at all necessary and hence the order passed by the learned Sub Judge does not call for
O.P.(C) No.4142 of 2013 (O)
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any interference under Article 227 of the Constitution of
India.
The Original Petition fails and it is dismissed.
P. Somarajan Judge
ahz/
1 issue framed by the court
Whether the Subordinate Judge erred in dismissing an application to summon school records for an heirloom partition suit.
1 provisions across 1 enactments
Sethumadhava Panikkar
Sukumara Panikkar
Santhosh
Santhya
Soumya
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
