Allowed

Divakaran, (Died) v. Narayani Janaki and Others

Kerala HC21 Mar 2024RP/722/2011

Case brief

AI extract

What is this about?

Review petition against an observation in a second appeal judgment concerning 10 cents covered by Ext.B1. The petitioner contended the 10 cents was the subject of other litigation decided against the plaintiff's claim. The Court allowed the review and held its observation would not supersede decrees passed by competent courts over those 10 cents.

What did the court decide?

Observation regarding the 10 cents covered by Ext.B1 held not to supersede decrees and judgments of competent courts; review petition allowed.

Divakaran, (Died) Vs Narayani Janaki and Others — Property and Title | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946

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RP NO. 722 OF 2011

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AGAINST THE JUDGMENT DATED 09.03.2011 IN S.A.NO.594 OF 1998 OF HIGH COURT OF KERALA

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REVIEW PETITIONER:- ADDL.3RD RESPONDENT

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1 DIVAKARAN, (DIED) LEGAL HEIRS IMPLEADED PUTHENKANDATHIL HOUSE,MALAMELBHAGOM MURI, KEERIKKAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, NOW RESIDING AT 'GOKULAM' PANMANA P.O., CHAVARA, KOLLAM DISTRICT.

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ADDL.P2 SUSEELA,

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W/O.LATE DIVAKARAN, AGED 61 YEARS, PUTHENPURACKAL
THEKKATHIL,MALAMELBHAGAM, KAREELAKULANGARA P.O.,
ALAPPUZHA,PIN-690 572.

¶11

ADDL.P3 SURESHKUMAR.D,

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S/O.LATE DIVAKARAN,AGED 39 YEARS,GOKULAM, PANMANA,
MANAYIL, MANAYIL P.O.,KOLLAM,PIN-691 583.

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ADDL.P4 VINODKUMAR D.,

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S/O.LATE DIVAKARAN, AGED 38 YEARS, PUTHENPURACKAL
THEKKATHIL,MALAMELBHAGAM, KAREELAKULANGARA P.O.,
ALAPPUZHA,PIN-690 572.

¶15

ADDL.P5 BEENAMOL S.,

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D/O.SUSEELA,AGED 35 YEARS,

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SANTHOSH BHAVANAM,PONNEZHA,THEKKEKKARA P.O., KURUTHIKADU, MAVELIKARA,PIN-690 107.

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(THE LEGAL HEIRS OF DECEASED SOLE REVIEW PETITIONER
ARE IMPLEADED AS ADDL.REVIEW PETITIONER 2 TO 5 AS
PER ORDER DATED 14.09.2021 IN I.A.87/2017)

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BY ADVS.

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P.S.KRISHNA PILLAI
J.HARIPRIYA
K.B.PRADEEP

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RESPONDENTS:-APPELLANT, ORIGINAL 1ST RESPONDENT & ADDL.4TH

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RESPONDENT

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1NARAYANI JANAKI (DIED) LEGAL HEIRS IMPLEADED

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RP NO. 722 OF 2011

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IN SA NO.594 OF 1998 2

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PUTHENKANDATHIL VEEDU, MALAMELBHAGOM MURI,
KEERIKKAD VILLAGE, KAREELAKKULANGARA P.O.,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.

¶27

2 P.K.RAGHAVAN ( DIED) LEGAL HEIRS IMPLEADED KANNANTHARAYIL KIZHAKKETHIL HOUSE, MALAMELBHAGOM MURI,

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KEERIKKAD VILLAGE, KAREELAKKULANGARA P.O.,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.

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3SARASAMMA, VADAKKEPPARAMBIL HOUSE
THOTTAPPALLI P.O., ALAPPUZHA DISTRICT.

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ADDL.R4 CHELLAMMA,

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W/O.P.K.RAGHAVAN, KANITHARAYIL KIZHAKKETHIL,
MALAMMELBHAGOM MURI, KEERIKKAD VILLAGE,
KAREELAKULANGARA P.O., KARTHIKAPALLY TALUK,
ALAPPUZHA -690 572.

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ADDL.R5 RAJAMONI,

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D/O.P.K.RAGHAVAN, KANITHARAYIL KIZHAKKETHIL,
MALAMMELBHAGOM MURI, KEERIKKAD VILLAGE,
KAREELAKULANGARA P.O., KARTHIKAPALLY TALUK,
ALAPPUZHA -690 572.

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ADDL.R6 KRISHNA KUMARI,

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D/O.P.K.RAGHAVAN, KANITHARAYIL KIZHAKKETHIL,
MALAMMELBHAGOM MURI, KEERIKKAD VILLAGE,
KAREELAKULANGARA P.O., KARTHIKAPALLY TALUK,
ALAPPUZHA -690 572.

¶36

ADDL.R7USHA,
D/O.P.K.RAGHAVAN,RADHASADANAM,PUTHIYAVILA,
KAREELAKULANGARA P.O., KARTHIKAPALLY
TALUK,ALAPPUZHA-690 572.

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(THE LEGAL HEIRS OF DECEASED R2 ARE IMPLEADED AS
ADDL.RESPONDENTS 4 TO 7 AS PER ORDER DATED
14.09.2021 IN I.A.1178/2018)

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ADDL.R8 KAMALAMMA,

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KAMALA BHAVAN, KARUVATTUMKUZHI, KAREELAKULANGARA
P.O., ALAPPUZHA DISTRICT, PIN - 690572

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ADDL.R9 SADANANDHAN,

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PUTHEN KANDATHIL,

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RP NO. 722 OF 2011

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IN SA NO.594 OF 1998 3

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MALAMEL BHAGAM, KAREELAKULANGARA P.O., ALAPPUZHA
DISTRICT, PIN - 690572

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R1, R8 & R9 BY ADV. A.K.ALEX

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THIS REVIEW PETITION HAVING COME UP FOR ORDERS ON
21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 722 OF 2011
IN SA NO.594 OF 1998 4

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ORDER

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Dated this the 21^st day of March, 2024

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This is a Review Petition filed by the additional 3^rd respondent in S.A.No.594/1998, aggrieved by the observation of this Court in paragraph No.10 (not numbered), holding that “It is made clear that the plaintiff will be entitled to safeguard her possession as far as the 10 cents covered by Ext.B1 is concerned, for which the respondent has no objection.”

¶51

According to the learned counsel for the review petitioner, the 10 cents referred in the above judgment also was subject matter of litigation in another suit and accordingly, the claim of the plaintiff over the 10 cents also was found against him. If so, the observation required to be reviewed, in relation to the 10 cents of property, as submitted by the review petitioner.

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Accordingly, this Review Petition stands allowed. It is held that the observation made by this Court, as extracted

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RP NO. 722 OF 2011
IN SA NO.594 OF 1998 5

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hereinabove, will not supersede decrees and judgments passed by competent courts in respect of the 10 cents of property covered by Ext.B1, as referred above and the said decrees and judgments shall be binding between the parties in respect of the above 10 cents of property.

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The Review Petition stands allowed as above.

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Sd/- A. BADHARUDEEN JUDGE

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¶58

RP NO. 722 OF 2011

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IN SA NO.594 OF 1998 6

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APPENDIX

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PETITIONERS’ ANNEXURES

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ANNEXURE - ADISCHARGE CARD DATED 16.4.2006 ISSUED FROM
CITY HOSPITAL, KAYAMKULAM TO PETITIONER
ANNEXURE - A1 .DO. DATED 20.5.2006
ANNEXURE - BDISCHARGE SUMMARY DATED 9.12.2006 ISSUED FROM
V.S.M. HOSPITAL, MAVELIKKARA TO PETITIONER
ANNEXURE - B1.DO. DATED 21.10.2010
ANNEXURE - CPRESCRIPTION DATED 3.3.2011 ISSUED FROM
V.S.M.HOSPITAL, MAVELIKKARA TO PETITIONER.
ANNEXURE - C1.DO. DATED 18.5.2011.
ANNEXURE - DDISCHARGE/REFERENCE CARD ISSUED FROM
V.S.M.HOSPITAL, MAVELIKKARA TO PETITIONER.
ANNEXURE - EUNDATED PRESCRIPTION ISSUED TO PETITIONER BY
DR.SAJEESH S.R.
ANNEXURE - FCERTIFIED COPY OF MORTGAGE DEED NO.383 DATED
28.1.1956 EXECUTED BY NARAYANI IN FAVOUR OF
CHELLAMMA.
ANNEXURE - GASSIGNMENT DEED NO.529 DATED 25.2.1967
EXECUTED BY CHELLAMMA IN FAVOUR OF PETITIONER

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RESPONDENTS’ ANNEXURES:NIL

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//TRUE COPY//
 PA TO JUDGE

Divakaran, (Died) v. Narayani Janaki and Others

Case brief

What is this about?

What did the court decide?

Divakaran, (Died) v. Narayani Janaki and Others

Case brief

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