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2011 Supreme(Ker) 247

S.S.SATHEESACHANDRAN
Lathika Karthikeyan – Appellant
Versus
G. S. Leela – Respondent


Advocates Appeared:
For the Appellants:P.N. Ramakrishnan Nair, P. Viswanathan, Advocates.
For the Respondents:R3 to R7, N.P. Samuel, R2, R.D. Shenoy, Senior Advocate, R8, R9, R10, Devidas, U.K., R2, T. Madhu, Ramakrishnan Nair, P. Viswanathan, Advocates.

JUDGMENT


1. These three appeals arise from the common judgment rendered by the learned District Judge, Thrissur in two appeals, A.S.Nos.415 and 502 of 1999, which in turn arise from the judgment and decree rendered by the Learned Principal Munsiff, Thrissur in O.S.No.471 of 1984, a suit for partition.

2. The appeal, R.S.A.No.415 of 2003 is filed by defendants 9 to 11 in the suit, who are the widow and children of the 1st defendant, who had passed away pending the suit. The other two appeals, R.S.A.Nos.517 and 588 of 2003, both of them are filed by defendants 2, 3, 4, 7 and 8 in the suit jointly. They have filed the above appeals separately as against the common judgment rendered by the lower appellate court in A.S.Nos.415 and 502 of 1999. One second appeal alone would have been sufficient as the two first appeals arose from the decision rendered in a single suit, but, these appellants have chosen to file two separate appeals.

3. Plaintiff and defendants 1 to 8, who alone were present in the party array when the suit was laid, are the children of one Sankunni Vaidiar, and they belong to Hindu Perumannan Community. Sankunni Vaidiar, their father, died on 16.3.1954, and their mother,


























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