Headnote
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These Regular Second Appeals arose from OS No.541/1987 of the Principal Munsiff's Court, Thiruvananthapuram, which was a suit for partition. RSA No.868/2017 challenged the Preliminary Decree dated 30.08.1994, while RSA No.960/2015 challenged the Final Decree dated 06.12.2008 passed in I.A No.5512/2005 in the same suit. Both appeals were filed by the legal heirs of the original 3rd defendant.
The plaintiffs 1 and 2 instituted the suit against defendants 1 to 5 seeking partition of the suit properties. The matter traversed through the Trial Court, the First Appellate Court, and ultimately came before the High Court of Kerala at Ernakulam in the form of two Regular Second Appeals, which were heard together and disposed of by a common judgment.
The Kerala High Court, after finally hearing both appeals on 29.08.2024, delivered its judgment on 13.09.2024. The court considered the contentions of the legal heirs of the deceased appellant and the respondents, including various legal representatives impleaded in place of deceased parties during the pendency of the appeals.
Catchwords:
partition suit · preliminary decree · final decree · regular second appeal · legal heirs · impleadment of legal representatives · property rights · Hindu family property
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Full Judgment Text
[Cites 13, Cited by 0]
Kerala High Court
Santhakumari,(Died) Legal Heirs ... vs Mohanan on 13 September, 2024
RSA NOS.960/2015 & 868/2017
1
2024:KER:69932
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
RSA NO. 960 OF 2015
AGAINST THE JUDGMENT & DECREE DATED 14.07.2015 IN AS NO.46
OF 2012 OF II ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM
ARISING OUT OF THE FINAL DECREE/JUDGMENT DATED 06.12.2008 IN
I.A NO. 5512/05 IN OS NO.541 OF 1987 OF PRINCIPAL MUNSIFF COURT,
THIRU
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