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2006 Supreme(Kar) 915

K.SREEDHAR RAO
VASANTI – Appellant
Versus
PHAREZ JOHN ABRAHAM – Respondent


Advocate Appeared
M/s. Esskay Associates, Advocates for Appellants in R.F.A No. 940 of 2004 and for Respondents-2 to 4 in R.F.A. No. 546 of 2004;
M/s. AKS Law Associates, Advocates for Appellants in R.F.A. No. 546 of 2004 and for Respondents-2 to 4 in R.F.A. No. 940 of 2004;
Sri N. Vasudevan, Advocate fur Respondent-l in both R.F.As.

JUDGMENT

Both the appeals arise out of judgment and decree in O.S. No. 591 of 1987. The plaintiffs have filed R.F.A. No. 546 of 2004. The D-3 and L.Rs of D-4 have filed R.F.A. No. 940 of 2004.

2. One John D. Abraham is the propositus. 1st defendant is the wife. The defendants 2 and 3, one Triza Kalyani John (wife of 1st plaintiff) and one late Maccabeaus are the children of the propositus. The 'Suit sd1edule house is the estate of the propositus. The first defendant died intestate during pendency of the suit.

3. After demise of the propositus, his daughter Triza Kalyani John fell in love with the 1st plaintiff, a Hindu, she got converted to Hinduism and her name is changed to A.S. Meenakshi and married 1st plaintiff The plaintiffs 2 and 3 are the children born out of the wedlock. AS. Meenakshi alias Tirza Kalyani John died in the year 1986. The husband and children have filed the suit seeking share of AS. Meenakshi alias Triza Kalyani John.

4. The defendants 1 and 2 filed joint written statement contending that apart from Meenakshi alias Tirza Kalyani John there is one more daughter (3rd defendant) and one son late Maccabeaus. The defendants 4 and 5 are the wife and children of late Ma























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