KAMALA RAPHAEL Vs. EARNEST

JUDGEMENT

(1.) A couple, namely, Varghese and Brjitha had four children. They are Kamala Raphel, Earnest, Vijayan and Thampi. Varghese died in 1977 and Brijitha on 3.9.1995.

(2.) It appears that the Appellant herein laid a suit as O.S. 286 of 1988 before the II Additional Sub Court, Ernakulam seeking partition of the estate left behind by Varghese. That was uncontested by the other sharers and an ex-parte decree was passed on 30.11.1990. Even though summons was served on the Defendants in the suit, they remained ex-parte. The Defendants seem to have filed I.A. 429 of 1991 to set aside the ex-part preliminary decree in the partition suit. That happened to be dismissed for default. An application thereafter to review and set aside the judgment was filed as I.A. 1367 of 1991 dated 25.2.1991 along with I.A.1366 of 1991, an application to condone the delay in filing I.A. 1367 of 1991. The trial court dismissed both the applications and that was confirmed in appeal.

(3.) The Plaintiff seems to have filed I.A. 6617 of 1993 for passing of the final decree on 8.11.1993. Notice was served on all the Respondents. The first Respondent herein had filed objections on 9.2.1996 to the final decree application and it is claimed by the Appellant herein that he had requested the court to pass a final decree in terms of the preliminary decree taking into consideration a few suggestions made by him. He also filed I.A. 544 of 1999 on 29.1.1999 to issue a direction to the Receiver to take possession of cents of land comprised in Sy. No. 289/1, which was included in the preliminary decree. It is pointed out that during the final decree proceedings, a receiver was also appointed. Proceedings for final decree are still going on and the final decree is yet to be passed.