NIDUMBRATH ARAVINDAKSHAN Vs. NIDUMBRATH LAKSHMIKUTTY AMMA

JUDGEMENT

(1.) Third defendant in O.S. 85/00 on the file of Munsiff Court, Vadakara is the petitioner. Respondents 1 to 4 are plaintiffs and other respondents other defendants in the suit. A preliminary decree for partition was passed. A final decree application is pending. The preliminary decree is now challenged in Second Appeal pending before this court. In the final decree application I.A.874/05 was filed by the plaintiffs to appoint a receiver or a commissioner for the plaint schedule property. Under Ext.P1 order, learned Munsiff appointed a commissioner to sell the usufructs from the decree schedule property for a period of one year. It was challenged before Sub court, Vadakara in CMA No.5/06. Learned Sub Judge dismissed the appeal. It is challenged in this petition filed under Article 227 of Constitution of India.

(2.) Learned counsel appearing for petitioner and respondents were heard.

(3.) The preliminary decree is under challenge in second appeal. The final decree application is pending. Under Ext.P1 order, learned Munsiff appointed a Commissioner to sell the usufructs for one year from the decree schedule properties. Learned counsel appearing for petitioner submits that petitioner is in possession of the properties and he is prepared to deposit the income as assessed by the Commissioner. Learned counsel appearing for the plaintiffs submitted that plaintiffs are prepared to deposit double that amount and they be permitted to take the usufructs.