Dismissed

Keezhur Edathil Devaki Amma v. Keezhur Edathil Kunhi Krishnan Vazhunnavar

Kerala HC28 Oct 2020RP/778/2020

Case brief

AI extract

What is this about?

The court dismissed the review petition challenging the dismissal of a second appeal concerning a codicil. The court held there were no valid grounds to review the judgment which had found the document proved in compliance with statutory witnesses requirements.

What did the court decide?

The review petition is dismissed with no valid ground to challenge the earlier judgment.

Keezhur Edathil Devaki Amma Vs Keezhur Edathil… — Succession and Inheritance | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942

¶5

RP.No.778 OF 2020 IN RSA. 1280/2008

¶6

AGAINST THE ORDER/JUDGMENT IN RSA 1280/2008 OF HIGH COURT OF KERALA

¶7

REVIEW PETITIONERS/APPELLANTS:

¶8

1 KEEZHUR EDATHIL DEVAKI AMMA, D/O.DEVIKUTTY AMMA, RESIDING AT “SREENILAYAM”, KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT, (DIED, LHRS IMPLEADED AS ADDL.APPELLANTS 3 TO 8).

¶9

2 MANDACHERIL PUTHIYAVEETTIL MANOHARAN, S/O.KUNHIKANNAN NAMBIAR, KEEZHUR AMSOM, DESOM, TELLICHERRY TALUK, P.O.KEEZHUR, KANNUR DISTRICT.

¶10

ADDITIONAL APPELLANTS:

¶11

3 BHARATHI AMMA, AGED 73 YEARS D/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶12

4 BHAVANI AMMA, AGED 71 YEARS D/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶13

5 SREEMATHI AMMA, AGED 70 YEARS D/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶14

6 RAJENDRAN VAZHUNNAVAR, AGED 64 YEARS S/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶15

RP.No.778 OF 2020 IN RSA. 1280/2008 2

¶16

7 SUDHAKARAN VAZHUNNAVAR, AGED 62 YEARS S/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶17

8 MANOJ VAZHUNNAVAR, AGED 52 YEARS

¶18

S/O.LATE KEEZHUR EDATHIL DEVAKI AMMA, RESIDING AT 'SREE NILAYAM', KEEZHUR AMSOM, DESOM, P.O.KEEZHUR, KANNUR DISTRICT-670703.

¶19

BY ADV. SMT.K.A.SANJEETHA

¶20

RESPONDENT/RESPONDENT:

¶21

KEEZHUR EDATHIL KUNHI KRISHNAN VAZHUNNAVAR, S/O.DEVIKUTTY AMMA, RESIDING AT RAJAPURAM, CHOVVA, CANNANORE, BANK EMPLOYEE BY PROFESSION, PIN-670006.

¶22

THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

RP.No.778 OF 2020 IN RSA. 1280/2008 3

¶24

ORDER

¶25

The litigation was started in the year 1985 and fought up to this court. Earlier this court disposed of the appeal. Subsequently it was reopened and again came up for final argument. This court by its judgment dated 29/07/2020 dismissed the second appeal. It is thereafter, the appellants came up with a review petition incorporating several grounds. The issue involved is with respect to the due execution and genuineness of a codicil. Concurrent finding rendered by both the courts below challenged before this court. This court also concurred with the finding of both the courts below as there is compliance of the requirement as mandated under Section 63 of the Indian Succession Act and the document was proved in accordance with mandate under Section 68 of the Evidence Act. Without a valid ground the appellants came up with a review

¶26

RP.No.778 OF 2020 IN RSA. 1280/2008 4

¶27

petition and further dragged the matter though the proceedings was initiated in the year 1985. No valid ground sufficient to review the judgment

¶28

raised. Review hence dismissed.

Sd/-

P.SOMARAJAN

JUDGE

MSP

//TRUE COPY//

P.A. TO JUDGE

Keezhur Edathil Devaki Amma v. Keezhur Edathil Kunhi Krishnan Vazhunnavar

Case brief

What is this about?

What did the court decide?

Keezhur Edathil Devaki Amma v. Keezhur Edathil Kunhi Krishnan Vazhunnavar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Brindavan Malik, C.NO.338, Central Prison, Trivandrum Vs State of Kerala

Santhosh Kumar.S. Vs State of Kerala

Sunilkumar T.T. Vs State of Kerala

Nizam Vs State of Kerala

Mahroofmanalody Vs State of Kerala

Subhash Basheer Vs State of Kerala