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2002 Supreme(Ker) 718

S.SANKARASUBBAN, K.PADMANABHAN NAIR
K. K. Thankappan – Appellant
Versus
K. S. Jayan – Respondent


Advocates:
K. Ramakumar, V. R. Ramachandran Nair and Roy Abraham for Appellants. M. Kumaran, C. D. Jose, K. N. Narayana Pillai, C. M. Devan Sr. Counsel, N. Ravindran, Philip Antony Chacko, T. C. George, P. Gopalakrishnan Nair, C. S. Narayan, K. Prabhakaran, S. Bhasuran, N. Raghuraj, Smt. M. Chandralekha, P. Sankaran Kutty Nair, S. Sreekumar and Baiju John, for Respondents.

Judgement

PADMANABHAN NAIR, J. :- All these four appeals arise from a common judgment passed by the II Additional Subordinate Judge, Ernakulam in O. S. 643 of 1983 and connected suits. 11 suits were consolidated and tried together by the learned II Additional Subordinate Judge, Ernakulam. In one suit a preliminary decree was passed. 4 Suits were dismissed. 6 suits were decreed. A. S. 13 of 1989 is filed by defendants 5 to 7 and 9 to 11 in O. S. 643 of 1983. A. S. 98 of 1989 is filed by the plaintiff in O. S. 646 of 1983. A. S. 503 of 1990 is filed by the plaintiff in O. S. 413 of 1984. The appellants in all the three appeals are same persons. The learned II Additional Subordinate Judge treated O. S. 643 of 1983 as the leading case and evidence was recorded in that case. Since these appeals arise from a common judgment, these appeals are also heard and disposed of by a common judgment.

2. A. S. 13 of 1989 : This appeal is filed by defendants 5 to 7 and 9 to 11 in O. S. 643 of 1983, a suit for the administration of the estate of deceased K. K. Majeendran and deceased T. K. Omana. Respondents 1 to 3 filed the suit for the relief of administration of the estate of deceased Majeendran, wh















































































































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