LAWS(KER)-2014-5-163

JOHN S/O.LATE PALU Vs. CHAKKORU @ JACOB

Decided On May 27, 2014
John S/O.Late Palu Appellant
V/S
Chakkoru @ Jacob Respondents

JUDGEMENT

(1.) THIS appeal is filed by respondents 1 to 6 in I.A.No.7476 of 2009 in O.S.No.140 of 1978 on the file of the Ist Additional Sub Court, Thrissur.

(2.) THE facts of the case in brief are as follows. By the impugned order the court below directed that, item No.3 of the decree schedule property will be auctioned among the sharers and it will be allotted to the successful bidder.

(3.) A reading of the order passed by the court below will show that, as the reports of the Advocate Commissioner and the Expert Commissioner state that the property cannot be divided by metes and bounds, the court below took the view to auction the decree schedule property among all the sharers and allot the same to the successful bidder. The learned counsel for the appellants sought our attention to the report of the Commissioner. It is submitted further that in the light of the order in C.R.P No.2935/1983 passed by this Court, the question whether the "Grand Lodge" can be treated as part of the partnership assets will have to be decided by the court below and therefore the impugned order cannot be sustained.