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2013 Supreme(Ker) 339

M.L.JOSEPH FRANCIS
A. Muraleedharan – Appellant
Versus
A. Venkitesh – Respondent


Advocate Appeared:
For the Appellant:T.M. Abdul Latheef, Advocate.
For the Respondents:R1 & R2, R. Azad Babu, Sabu George, Joseph Abraham, Advocates.

Judgment :

1. The second appeal is filed by the plaintiffs 1 and 2 in O.S.No.175 of 1996 on the file of principal Sub Court, Alappuzha, who were appellants 1 and 2 in A.S. No.154 of 2001 on the file of the Additional District Court, Alappuzha. Respondents 1 and 2 herein were the defendants 1 and 2 in the Original Suit and respondents 1 and 2 in the appeal.

2. O.S.175 of 1996 is a suit for partition. The plaint averments are briefly as follows: The first plaintiff is the elder brother of the first defendant. They are the children of late Anantha Shenoy. The second plaintiff is the son of the first plaintiff and the second defendant is the wife of the first defendant. The parties are governed by Hindu Mithakshara Law. The plaint schedule properties are joint Hindu family properties and plaint schedule properties are plaint schedule items 1 to 9 were allotted to the share of late Krishna Shenoy, who is the grandfather of the first plaintiff and the first defendant as per partition deed No.2820 dated 24.10.1105 M.E. of SRO, Alappuzha. Krishna Shenoy as the Manager of the joint family consisting of his sons and grandsons, was managing the property. Plaint item No.10 was acquired by him o





















































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