RAMASWAMI Vs. SIVAKUMAR

JUDGEMENT

(1.) The petitioner is defendant No.1 in O.S.No.1017/2004 on the file of the Principal Subordinate Judge's Court, Thrissur. The suit is for partition. The plaintiff and defendant Nos. 1 to 3 are the children of one Kuzhanthavel Pillai and the late Chellammal. Defendant No.4 is the wife of the late Perumal Pillai. Defendant Nos. 5 to 9 are the children of late Perumal Pillai and defendant No.4.

(2.) The plaint property is 8 cents of land with a residential building thereon. The property originally belonged to one Palavasam Pillai, the father of the late Kuzhanthavel Pillai and the late Perumal Pillai. Palavasam Pillai died in 1936. The suit was instituted for partitioning the plaint schedule property into five equal shares. The Court below tried the suit and passed a preliminary decree. The preliminary decree reads thus:-

(3.) Respondent No.1 filed I.A.No. 4378/2008 for passing of the final decree in terms of the preliminary decree. The Court appointed an Advocate Commissioner who informed that division of the property is not possible. Therefore, the Court ordered an auction among sharers. In the auction, the property was bid for an amount of Rs.48.5 Lakhs by the petitioner. The sale was conducted on 18/5/2010.