ANNIE PHILIP Vs. T.K.KOSHY VAIDYAN

JUDGEMENT

(1.) DEFENDANTS 1 to 4 in O.S.No.790 of 2009 of the I Additional Sub Court, Ernakulam challenge Ext.P11, order dated 15.11.2012 on I.A.No.5053 of 2012 in O.S.No.790 of 2009 refusing to appoint an Advocate Commissioner to ascertain market value of the plaint A and B schedule properties.

(2.) RESPONDENTS 1 to 8/plaintiffs 1 to 8, claiming to be legal representatives of the late John Koshy along with the petitioners and defendant No.5 onwards filed the suit for partition of the plaint A and B schedule, immovable properties and the plaint C schedule bank deposit. They claimed that the suit properties originally belonged to the late John Koshy.

(3.) IN the light of the above contentions, the petitioners have filed Ext.P9, application - I.A.No.5053 of 2012 for issue of a commission to ascertain market value of the property. That application was dismissed by the learned Sub Judge by Ext.P11, order observing that at this stage what is required to be decided is only the partiability of the property and that in the light of the specific claim by respondents 1 to 8 in the plaint that they are in joint possession of the suit property, appointment of a commission as prayed for is not required.