Allowed

Leela Amma @Leela v. Sarada Gopalakrishnan

Kerala HC18 Oct 2012OP(C)/3046/2012

Case brief

AI extract

What is this about?

The High Court allowed the petition setting aside the lower court's order refusing production of a Will. The bench held that the defendant's claim as a legatee under the Will made the document vital, erroneously overlooked by the lower court which focused solely on intestate succession.

What did the court decide?

IA No. 3394/2012 in O.S. No. 9/2011 was allowed. Impugned order set aside. Original petition allowed.

Leela Amma @Leela Vs Sarada Gopalakrishnan — 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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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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OP(C).No. 3046 of 2012 (O)

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IA.NO.3394/2012 IN OS.9/2011 of II ADDL.SUB COURT,THRISSUR

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PETITIONER(S):

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LEELA AMMA @LEELA, AGED 60 YEARS W/O.RAJAN AND D/O.NERIYAMKOTTU LAKSHMI AMMA CHERP VILLAGE DESOM, THRISSUR TALUK PRESENT ADDRESS N.LEELA, A4, ARJUNA APARTMENTS BALRAM NAGAR, SAFILGUDA, HYDERABAD-500047 (A.P.)

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BY ADVS.SRI.G.SREEKUMAR (CHELUR)

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SRI.K.RAVI (PARIYARATH)

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RESPONDENT(S):

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SARADA GOPALAKRISHNAN

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W/O.GOPALAKRISHNAN, MADAYIKONAM VILLAGE DESOM MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680001.

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JAYARAJAN , S/O.RADHAMANIAMMA, VADAKEVEETTIL HOUSE, KUNDUKULAM DESOM METHALA VILLAGE, KODUNGALLUR TALUK - 680011.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3046/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1	A TRUE COPY OF THE PLAINT IN OS.9/2011 ON THE FILE OF THE SUB COURT, THRISSUR DATED 1/1/2011.
EXT.P2	A TRUE COPY OF THE WRITTEN STATEMENT IN EXT.P1 SUIT DATED 20/6/2011.
EXT.P3	A TRUE COPY OF THE IA.3394/2012 IN OS.9/2011 ON THE FILE OF THE SUB COURT, THRISSUR DATED 28/3/2012.
EXT.P4	A TRUE COPY OF THE OBJECTION FILED TO EXT.P3 DATED 12/6/2012.
EXT.P5	A TRUE COPY OF THE ORDER PASSED IN IA.3394/2012 IN OS.9/2011 DATED 7/8/2012 ON THE FILE OF THE SUB COURT, THRISSUR.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 3046 OF 2012

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Dated this the 18^th day of October, 2012

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JUDGMENT

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The suit is one for recovery of possession on the strength of title. There is also a prayer to set aside the sale deed executed by the first defendant in favour of the second defendant. The property originally belonged to one Papikuttyamma who died intestate. Her husband Sankaran Nair also died and the property therefore devolved on her sister Lakshmikuttyamma. The plaintiff is none other than the daughter of the said Lakshmikuttyamma.

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The first defendant on the other hand claims to be a legatee under the 'Will' executed by Sankaran Nair. It is on that basis has the sale deed been executed by the first defendant in favour of the second defendant. Defendants 1 and 2 do not get any title over the property but for the 'Will'. The 'Will' therefore is a vital document to be proved in the case.

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The plaintiff called upon the defendants to produce the original of the 'Will'. The court below has turned down

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OP(C) No. 3046/2012

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that request on a purile reasoning. The court below has opined that who is the legal heir of the Papikuttyamma is the sole question. Therefore the 'Will' said to have been executed by Sankaran Nair need not be produced. The fact that the first defendant claims right only under the 'Will' has been conveniently overlooked.

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The court below erred in dismissing I.A. No. 3394/2012 filed by the plaintiff for the production of the original 'Will' in court. The impugned order is set aside and I.A. No. 3394/2012 in O.S. No. 9/2011 on the file of the court of the II Additional Subordinate Judge of Thrissur is allowed.

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The Original Petition is allowed. No costs.

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V. CHITAMBARESH JUDGE

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ncd

Leela Amma @Leela v. Sarada Gopalakrishnan

Case brief

What is this about?

What did the court decide?

Leela Amma @Leela v. Sarada Gopalakrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

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