IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &

THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

FRIDAY, THE 15TH DAY OF JUNE 2012/25TH JYAISHTA 1934S

WA.No. 1100 of 2012 ( )

----------------------- AGAINST THE JUDGMENT IN WPC.14105/2007 DATED 02-05-2007

APPELLANT: -------------

B.ANIL KUMAR, MANAGING PARTNER, M/S.BHARGAVAN & SONS, ATTINGAL.

BY ADV. SRI.STALIN PETER DAVIS

RESPONDENTS:

---

• 1. RTO ATTINGAL.
• 2. MEENAKUMARI.B, SUMI VIHAR, BRIDGE LANE,ULLOOR P.O. THIRUVANANTHAPURAM.

BY GOVERNMENT PLEADER SRI.P.I.DAVIS BY ADV. SRI.K.V.GOPINATHAN NAIR

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------------------ W.A.No.1100 OF 2012 ------------------------------------------- Dated this the 15 th day of June, 2012

J U D G M E N T ~~~~~~~~~~~

C.N.Ramachandran Nair, J.

The appeal is filed under leave. The appellant is one of the legal heirs of late Sri.A.V.Bharghavan, who was the managing partner of a concern running a stage carriage with permit. The appellant's sister approached this Court and got a direction to the R.T.O. for considering transfer of vehicle in her favour. It is not known whether the transfer is made in her favour pursuant to the judgment. In any case, Smt.Meenakumari is said to be operating the stage carriage after the death of her father. Appellant's case is that after the death of his father appellant and other siblings including Smt.Meenakumari have right in the vehicle. We feel all issues pertain to partition including the vehicle and the right to operate in the route are subject matter of partition suit and it is for the appellant to claim mesne profit before Civil Court.

2. Writ Appeal is disposed of leaving freedom to the appellant to apply for due share before Civil Court in partition suit. We feel, the vehicle can be permitted to be operated by the person operating now. However, it is for the Civil Court to demand accounts about the operating results while considering claim for mesne profit.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(P.S.GOPINATHAN, JUDGE)

ps/16/6