J U D G M E N T

Above original petition is filed seeking to set aside Ext.P5, and for a direction to dispose of Ext.P4 objections and Ext.P3 Commissioner’s report and plan within a time limit to be fixed by this Court.

2. Petitioner is the 7th defendant in OS No.13/2015, a suit filed by respondents 1 to 6 herein for partition. A preliminary decree was passed exparte against the petitioner and some other defendants. Petitioner contends that he was not served with a copy of the plaint. Later on, final decree proceedings have been initiated by filing FDIA No.98/2019. An Advocate Commissioner was appointed in the final decree proceedings and Ext.P3 commissioner report and plan was filed, to which petitioner filed Ext.P4 objection. Petitioner submits that the trial Court is proceeding with the matter without considering Ext.P4, and the trial Court observed that until and unless orders are issued by this Court, final decree will be passed in the matter without consideration of Ext.P4, as could be seen from Ext.P5 order issued by the Subordinate Judges Court, Ottappalam.

3. When the matter came up for consideration earlier, this Court has called for a report regarding the present stage and p