Stephen v. Thresia
Case brief
What is this about?
This is a first appeal against a partition decree. The appellant challenged the finding that the property was liable for partition and that all heirs were entitled to shares. The High Court held the appeal lacked merit, dismissed it, and confirmed the lower court's decree.
What did the court decide?
The appeal was dismissed; the judgment and decree under challenge were confirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 21ST DAY OF AUGUST 2019 / 30TH SRAVANA, 1941
RFA.No.77 OF 2004
AGAINST THE JUDGMENT & DECREE IN OS 335/2000 DATED 08-08-2003 OF FIRST ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT/1ST DEFENDANT IN THE SUIT:
STEPHEN, S/O. LATE JACOB, AGED 51 YEARS, VALIKKATHUSSERY HOUSE, KOPPARAMBIL, GANDHI JAYANTHI ROAD, THAMMANOM, POONITHURA VILLAGE, KANAYANNUR TALUK.
BY ADVS. SRI.T.MADHU SRI.A.SAIN PAUL
RESPONDENTS/PLAINTIFFS 1 & 2 AND DEFENDNATS 2, 3 & 4 IN THE SUIT:
1 THRESIA, W/O. LATE JACOB, AGED 71 YEARS, VALIKKATHUSSERY HOUSE, KOPPARAMBIL, GANDHI JAYANTHI ROAD, THAMMANAM, POONITHURA VILLAGE, KANAYANNUR TALUK.
Issues for consideration
2 issues framed by the court
Whether the appeal against the judgment and decree in the partition suit is maintainable and requires interference.
Whether the Kudikidappu right held in the name of the eldest son was for the benefit of the entire family or exclusive to him.
Parties & counsel
- appellant
Stephen
- respondent
Thresia
- respondent
Nisha
- respondent
Prema
- respondent
Beena
- respondent
Case details
As recorded by the court registry
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