Partly allowed

Sudha K.N., v. Jayakrishnan.T.v

Kerala HC5 Jul 2022RFA/158/2021

Case brief

AI extract

What is this about?

This appeal challenged the final decree in a partition suit where the trial court allotted a joint plot to defendants and the appellant (jointly) instead of a separate 1/3rd share by metes and bounds as directed in the preliminary decree. The court set aside the final decree.

What did the court decide?

Final decree set aside and matter remanded to trial court to pass decree in accordance with preliminary decree by separating 1/3rd share of the plaintiff.

Sudha K.N., Vs Jayakrishnan.T.v — Partition | Kerala HC (2022)

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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 P.SOMARAJAN

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944

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RFA NO. 158 OF 2021

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AGAINST THE JUDGMENT AND DECREE DATED 24/8/2019 IN FDIA 695/2013 IN OS 385/2012 OF SUB COURT, KANNUR

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APPELLANTS/LEGAL HEIRS DECEASED JAYARAM IN

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FDIA/PETITIONER/DEFENDANT NO.2:

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1 SUDHA K.N., W/O.LATE JAYARAM.T.V., AGED 53 YEARS, THEKKANMAR VEEDU, JAYAVIHAR, P.O.AZHIKODE, KANNUR-670 009.

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2JISHNU JAYARAM KOLLANKADA NADUVIL,
AGED 30 YEARS
S/O.LATE JAYARAM.T.V., JAYAVIHAR, P.O.AZHIKODE,
KANNUR-670 009, THROUGH PA HOLDER, MOTHER SUDHA.K.N.,
W/O.LATE JAYARAM.T.V., AGED 52 YEARS, THEKKANMAR VEEDU,
P.O.AZHIKODE, KANNUR-670 009.

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3 SREEDEVI JAYARAM.K.N., D/O.LATE JAYARAM.T.V., AGED 26 YEARS, THEKKANMAR VEEDU, JAYAVIHAR, P.O.AZHIKODE, KANNUR-670 009.

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BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
E.MOHAMMED SHAFI
M.K.SUMOD

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RAJ CAROLIN V.

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RESPONDENT/RESPONDENTS/DEFENDANT NO.1 & PLAINTIFF:

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1 JAYAKRISHNAN.T.V, AGED 60 YEARS, S/O.LATE ADVOCATE GANGADHARAN, ADVOCATE, THEKKAMMAR VEEDU, JAYAVIHAR, AZHIKODE SOUTH AMSOM, DESOM, KANNUR-670 009.

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2 JAYAGOPAL.T.V, S/O.LATE ADVOCATE GANGADHARAN, AGED 58 YEARS, C/O.LATE ADVOCATE GANGADHARAN, C/O.MARICO INDUSTRIES, KANJIKODE, INDUSTRIAL AREA, PALGHAT-678 731.

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R1 & R2 BY ADV P.U.SHAILAJAN

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RFA NO. 158 OF 2021

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JUDGMENT

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In furtherance of the preliminary decree, a final
decree was passed at the instance of second defendant
and the share of the plaintiff was allotted in the
plan annexed to the decree which comes to an extent of
8.34 cents with notations E,F,G,H,E plots. The
remaining area, A,B,C,D,E,F,A ie., plot No.A having an
extent of 16.69 cents was allotted jointly to the
defendant.

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2. A final decree was passed totally against the
mandate under the preliminary decree, firstly on the
ground that the building situated in the property was
not divided by metes and bounds for the purpose of
giving 1/3rd share of plaintiff by metes and bounds.
It is a suit for partition initiated by the plaintiff
for getting 1/3rd share over the property by metes and
bounds. In the final decree, no such property was
given to the plaintiff dividing the property by 1/3rd
share by metes and bounds. On the other hand, a joint
plot was given jointly to the plaintiff and the first

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RFA NO. 158 OF 2021

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defendant overlooking the preliminary decree. Hence,
the final decree is hereby set aside. The matter is
remanded back to the court below for the purpose of
passing a decree in accordance with the preliminary
decree by separating 1/3rd share of the plaintiff. The
defendants are at liberty to apply for passing
supplementary decree for getting their separate share
divided and allotted.

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The appeal is allowed in part accordingly. The
parties shall appear before the the trial court on
25/7/2022 to proceed further in the matter.

Sd/-

P.SOMARAJAN

JUDGE

msp

RFA NO. 158 OF 2021

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APPENDIX OF RFA 158/2021

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`PETITIONER ANNEX`	`URES`
`Annexure I`	`CERTIFIED COPY OF THE ORDER IN AS 36/2020` `DATED 23.03.2021 OF THE ADDITIONAL DISTRICT` `JUDGE I, THALASSERY.`
`Annexure 2`	`TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH` `DOCKET SHEETS IN AS 36/2020 FILED BEFORE THE` `ADDITIONAL DISTRICT COURT I, THALASSERY DATED` `04.11.2020.`
`Annexure 3`	`TRUE COPY OF THE DEATH CERTIFICATE OF` `DECEASED JAYARAM.T.V.`
`Annexure 4`	`TRUE COPY OF THE TREATMENT RECORDS OF` `DECEASED JAYARAM.T.V.`

Sudha K.N., v. Jayakrishnan.T.v

Case brief

What is this about?

What did the court decide?

Sudha K.N., v. Jayakrishnan.T.v

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

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