VALSALAMMA Vs. CHANDRAN

JUDGEMENT

(1.) This application is filed by the petitioner seeking early disposal of I.A. 4395 of 2013 in O.S.519 of 1990 on the file of the Principal Sub Court, Irinjalakuda under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the plaintiff, the petitioner herein, along with respondents 1 to 4 filed O.S.519 of 1990 on the file of the Principal Sub Court, Irinjalakuda for partition of the property and preliminary decree for partition was passed. Thereafter they filed A.S.27 of 2000 before this Court and this Court also disposed of the appeal but later a review petition has been filed as R.P.318 of 2014 and this Court, by Ext.P1 order, this court modified the preliminary decree passed holding that the plaintiffs are entitled to get 22/36 shares in the plaint schedule property. Thereafter the petitioner filed Ext.P2 application as I.A.4395/2013 for passing final decree in accordance with the modified preliminary decree passed by this court in Ext.P1 and a Commissioner was appointed and the Commissioner has submitted Ext.P3 report and plan. Thereafter respondents, 4, 5 and 6 filed Ext.P4 application as I.A.391 of 2016 for directing the Commissioner to consider such aspects mentioned in the petition and that petition is pending since January, 2016. The petitioner had already filed objection to the same on 6.2.2016 as Ext.P5. The court below had not passed any orders in that application. The petitioner wants early disposal of that application either way by the court below in accordance with law, as expeditiously as possible. Hence this petition.

(3.) Considering the nature of the relief claimed, this court felt that the petition can be disposed of after getting a report from the concerned court regarding the present stage and accordingly, report has been called for and report has been obtained which reads as follows:-