P SABIDADEVI Vs. P SUKHADEV, S/O SEKHARAN

JUDGEMENT

(1.) In this suit for partition, the plaintiff was allotted with 1/3 rd share, the first defendant was allotted with 1/3rd share and the 2 nd defendant was also allotted with 1/3 rd share from a property having an extent of 11.16 cents. The said property is situated in the heart of the Kozhikode city and it is a valuable property.

(2.) The first defendant, who is the first respondent herein, is a police officer, who is on leave, and he is gainfully employed in gulf. Being the eldest one, he denied shares from the property to his sole sister, who is the plaintiff, and his younger brother, who is the 2 nd defendant. Finally, the sister had to approach the court through a suit in the year 2002 for partition. The 2 nd defendant also travelled along with the plaintiff.

(3.) Even though the first defendant had forwarded several claims with regard to the property, all those claims were rejected and the preliminary decree became final. Thereafter, the plaintiff has been clamouring for the passing of the final decree. In the final decree proceedings Ext.C1(a) plan was initially prepared. The same was objected to. Thereafter, Ext.C2(a) plan also came. The same was also objected to. Consequently, the Munsiff's Court-I, Kozhikode had ordered for the auction of the property among the sharers for making the payment through owelty. An auction was conducted. It is a fact that the first defendant did not participate twice in the auction, and finally the auction was conducted and that was fixed in favour of the plaintiff whereby the plaintiff bid the property in auction for a total amount of Rs. 6,23,170/-. The said amount was deposited by the plaintiff and consequently a sale certificate was also issued.