ROSY Vs. OUSEPH VARKEY

JUDGEMENT

(1.) RESPONDENTS are served. Respondents 2 to 6 appear through counsel.

(2.) PETITIONER is the additional 7th defendant in O.S.No.416 of 1975 of the Munsiff Court, Perumbavoor where Ext.P1, preliminary decree was passed allotting 1/7 share to the petitioner. Petitioner filed Ext.P2, application for passing final decree pursuant to Ext.P1, preliminary decree which according to the petitioner, has become final. While so, petitioner learned that first respondent challenged Ext.P1, preliminary decree in the first appellate court which dismissed that appeal. Against that, first respondent filed R.S.A.No.973 of 2007 in this Court which resulted in Ext.P3, judgment. Petitioner was deleted from the array of parties in R.S.A.No.973 of 2007. This Court modified preliminary decree of the trial court.

(3.) PETITIONER , along with Ext.P2, application - I.A.No.1242 of 2012 for passing final decree, filed I.A.No.1243 of 2012 for appointment of advocate commissioner to make the division. He filed I.A.No.1812 of 2012 to stay execution of Ext.P4, final decree.