P.K. RAJAN Vs. CICILYKUTTY AND RISHIN RAJ

JUDGEMENT

(1.) THE husband is the petitioner. There is acrimony between the spouses. A preliminary decree for partition has been passed directing partition of an item of property with a house situated therein owned jointly in the name of the spouses. Final decree petition was filed. A Commissioner was appointed. The Commissioner submitted her report and plan marked as Exts.C1 and C1(a). Objections were raised by the respondent/wife against the report and plan submitted by the Commissioner. The court adduced evidence and thereupon passed the impugned order. By the impugned order, which evidently is an interim order, the Family Court sent the matter back to the Commissioner with directions to file an additional report.

(2.) THE petitioner claims to be aggrieved by the impugned order. He prays that the extraordinary constitutional jurisdiction available to this Court under Article 227 of the Constitution of India may be invoked to interfere with the impugned order, which is not a revisable order.

(3.) THE property sought to be partitioned is identified as Plot ABCD in the sketch Ext.C1(a). A residential building marked as PQRS in Ext.C1(a) is situated in the property. The property has a long rectangular shape. The house is situated towards the front, i.e. the eastern side of the property. A public road abuts the property on the east. The Commissioner suggested vertical lengthwise partition of the property allotting exactly identical extent of land on both sides to the contestants. The middle line separating the two properties is marked as the line EFG. That line runs vertically lengthwise through the house in the property. Work area, kitchen, dining room and guest room lie on one side of the line EFG whereas three bed rooms, one bathroom and latrine lie on the other side of the line EFG. The court below evidently, and rightly we feel, was not too satisfied about the proposal made by the Commissioner. The court below wanted the Commissioner, inter alia, to attempt partition by allotting the house with some land to one party and the entire remaining land to the other. That direction is contained in the impugned order.