Dismissed

Unnikrishna Pillai v. Sukumara Pillai

Kerala HC3 Dec 2012CRP/75/2011

Case brief

AI extract

What is this about?

The High Court dismissed a Civil Revision Petition against an order permitting the impleadment of an additional decree holder on the basis of a Will/Settlement Deed. The court held that summary proceedings for impleadment are not a forum for adjudicating substantive title disputes, requiring a separate suit for such issues. A clerical amendment deletes the word 'Will' and substitutes 'settlement d

What did the court decide?

Civil Revision Petition disposed of with reservation on a subsequent follow-up order.

Unnikrishna Pillai Vs Sukumara Pillai — Succession and Inheritance | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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CRP.No. 75 of 2011 ( )

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OS.770/2004 of ADDL.MUNSIFF COURT,CHERTHALA

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REVISION PETITIONER(S)/JUDGEMENT DEBTOR/DEFENDANT:

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UNNIKRISHNA PILLAI,S/O.PADMANABHA PILLAI AGED 42 YEARS, RESIDING AT KAKKAPARAMBU VELIYIL AROOR MURI, AROOR VILLAGE, CHERTHALA PIN-688534.

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BY ADVS.DR.V.N.SANKARJEE

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SRI.A.V.CHARLES SRI.JAYAKRISHNAN.C.H

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RESPONDENT(S)/ADDL.DECREE HOLDER:

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SUKUMARA PILLAI, S/O.PADMANABHA PILLAI, AGED YEARS, ISWARYA HOUSE, AROOR MURI AROO VILLAGE, ,CHERTHALA PIN-688534.

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R,R1 BY ADV. SRI.J.OM PRAKASH

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.CHITAMBARESH, J.

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C.R.P.No. 75 of 2011

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Dated this the 3^rd day of December, 2012

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O R D E R

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The court below has by the order impugned permitted the respondent to be impleaded as an additional decree holder on the basis of a Will. The decree holder in the suit for eviction is alleged to have executed a registered Will dated 19.7.2004 bequeathing the property in question to the respondent prior to his death on 26.9.2007. Such proceedings for impleading are summary in nature and the finding on the Will therein will not operate as res judicata between the parties in a subsequent suit. The law in this regard is well laid down in Govindan Nair v. Janaki Amma [2001 (2) KLT 360] and other decisions.

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The petitioner contends that the Will will operate only in regard to the property which belonged to the testator as on the date of death. It is contended that the testator had executed a settlement deed on 12.3.2004 gifting the property to him and that its unilateral cancellation on 18.6.2004 has no legal

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C.R.P.No.75 of 2011

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efficacy. The contention of the petitioner in short is that the property did not belong to the testator on the date of death for the Will to be operative. The respondent on the other hand contends that no right under the Will was claimed in the written statement dated 1.6.2005 filed in the suit instituted on 26.11.2004. All these are matters to be agitated in a separate suit by the petitioner and not in the proceedings under challenge.

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I confirm the impugned order subject to the above reservation. The Civil Revision Petition is disposed of. No costs.

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V.CHITAMBARESH, Judge.

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nj.

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The word “Will” occurring in the 4^th line of page 2 (paragraph 2) of the order dated 03/12/2012 in C.R.P.No.75/2011 is deleted and substituted by the word “settlement deed” as per order dated 04/01/2013 in I.A.No.3153/2012 in C.R.P.No.75/2011.

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Sd/Registrar (Judicial)

Unnikrishna Pillai v. Sukumara Pillai

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Unnikrishna Pillai v. Sukumara Pillai

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