Case brief
What is this about?
Kerala High Court (Ernakulam), RSA No.174 of 2025, decided 24.03.2025 by M.A. Abdul Hakhim J. Second appeal against AS No.40/2015 (Sub Court, Tirur, judgment/decree 10.11.2021) confirming decree in OS No.174/2010 (Munsiff Court, Parappanangadi), a partition suit over 40 cents of plaint B schedule property (item 1 of Ext.A1 Partition Deed of 1911) claimed as co-ownership of descendants of Senior Unnichandan through son Thalaseeran. Key points: interpretation of Ext.A2 partition deed; plural word 'fathers' recital; Exts.A2 & A3 do not alone prove paternity but prove common-ancestor rights of Chanthunni s/o Mavunni and Unnichanan s/o Thalaseeran; defendants' change of stand in written statement; onus/burden of proving paternity not shifted to defendants; concurrent findings of Trial Court and First Appellate Court upheld; no substantial question of law; Regular Second Appeal dismissed.