K C JOHN Vs. K C SEBASTIAN

JUDGEMENT

(1.) AN order remitting the report and plan of the Advocate Commissioner in the final decree proceedings in a suit for partition is under challenge . A detailed analysis of the evidence on record at this interlocutory stage is impermissible in proceedings under Article 227 of the Constitution of India.

(2.) I find force in the argument of the petitioner that the proceedings are likely to drag on even though the suit was filed about 18 years ago. I therefore direct the court below to see to it that the Advocate Commissioner files a revised report within two months and that a final decree is passed within two months thereafter.

(3.) I however add that the petitioner is also at liberty to file a work memo to the Advocate Commissioner. The revised report , if any, filed by the Commissioner can also be objected to by the petitioner. The entire proceedings shall be taken to a logical end within the time frame fixed above. The Original Petition is disposed of.