SAJEEN RAGH Vs. K.A.NEELAKANDA PILLAI

JUDGEMENT

(1.) PROCEEDINGS for passing a final decree for partition are pending in O.S.No.138/2003 on the file of the court of the Additional Subordinate Judge of Kottayam. The court below has also allowed I.A.No.2832/2013 filed to record the legal heirs of additional 8th plaintiff. It is now pointed out that the following interlocutory applications are pending.

(2.) THE parties are at variance as to whether the suit is abated for failure to implead the legal heirs of defendant Nos.1, 2 and additional 8th plaintiff. The respondents on the other hand maintain that the legal heirs of defendants 1 and 2 are already on the party array and hence the suit is not abated.

(3.) THE time limit specified in OP(C) No.1030/2014 for passing a final decree in IA.No.1075/2007 is enlarged. The court below shall make an endeavour to pass a final decree in O.S.No.138/2003 on or before 31.10.2014 in the circumstances. The Original Petition and the Review Petition are disposed of accordingly.