CHANDRAN, AGED 59 YEARS S/O. PARAPPIL APPU LOKAMALESWARAM DESOM AND VILLAGEKODUNGALLUR TALUK THRISSUR DISTRICT Vs. AMRUTHAVALLY, AGED 53 YEARS W/O. LATE SASI, S/O. PARAPPIL VELUKUTTY LOKAMALESWARAM DESOM AND VILLAGE KODUNGALLUR TALUKTHRISSUR DISTRICT, PIN 680664

JUDGEMENT

(1.) The Original Petition is filed challenging Exht.P9 order dated 22.12.2014 in I.A. No. 2218 of 2014 in O.S. No. 1390 of 2012 of the Munsiff's Court, Kodungallur. The application, I.A. 2218 of 2014, was one filed under Sec. 152 of the Code of Civil Procedure, seeking amendment of the decree. The said application was dismissed as per the impugned order, which is under challenge by the first plaintiff in the suit.

(2.) The suit, O.S. No. 1390 of 2012 is one for partition. On 18.03.2013 a preliminary decree for partition was passed allotting ⅙ share each out of the plaint schedule property to plaintiffs 1 to 5 together, to 6th plaintiff, to 7th plaintiff, to defendants 1 to 4 together, to defendants 5 to 8 together and also to defendants 9 to 11 together. The preliminary decree has become final. Thereafter an application for passing final decree in the suit was filed as I.A. No. 1044 of 2013. In the final decree proceedings a Commissioner was deputed to identify and measure out the plaint schedule property with the assistance of a Surveyor, to enable passing of a final decree in terms of the preliminary decree. The Commissioner filed an interim report, marked as Ext.P4 dated 06.06.2014 to the effect that there is mistake in the survey number of the property.

(3.) The plaint schedule in O.S. No. 1390 of 2012 is described as 5 cents of property in Sy. No. 641/1, 2, 3. The claim was that the predecessor-in-interest of the parties, Krishnankutty, had obtained 10 cents of property including the 5 cents referred to above on the basis of Ext.P2 Patta. According to the petitioner, during the lifetime of Krishnankutty, he himself had alienated 5 cents out of the said 10 cents. On his demise, partition is sought as per the instant suit between the legal heirs of Krishnankutty with regard to the remaining 5 cents of property.