VASU Vs. SREEMATHI W/O KUNNATHULLY KOCHUKUTTAN

JUDGEMENT

(1.) THE second defendant in the original suit is the petitioner. He is the second respondent in the final decree application filed by the respondents herein. The suit which was one for partition was decreed and the properties were directed to be divided into four equal shares. The petitioner, his brother, respondents 1 and 2 and respondents 4 to 6 are entitled to 1/4th shares each.

(2.) IN the final decree application, an Advocate Commissioner was deputed to measure the properties and to effect partition. The petitioner as well as his brother who are also entitled to 1/4th share opposed the report and filed an application to remit the commissioner's report (C1). Since his application was dismissed by the court below, the petitioner took the matter before this Court in WPC No.27555 of 2008 and as directed by this Court the petitioner as well as his brother filed another application before the trial court on the basis of which the Advocate Commissioner was deputed again. He filed the second report (C2).

(3.) WHEN the matter came up for hearing, the learned counsel for the respondents fairly conceded that the respondents will not have any objection in adopting any of the reports, i.e. Ext.C1 and Ext.C2.