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2014 Supreme(Ker) 548

K.ABRAHAM MATHEW
Sunil Sethu – Appellant
Versus
Kunju Kunju Karunakaran – Respondent


Advocate Appeared
For the Appellants:K.S. Hariharaputhran, M.D. Sasikumaran, George Mathew, P.A. Ismail, Dipu James, Advocates.
For the Respondent:R. Azad Babu, Smitha Pillai, Advocates.

JUDGMENT

1. The validity of a final decree is challenged in this appeal.

2. The plaintiffs, two in number, and defendants, 3 in number, are children of one Kunjukunju and his wife Mythili, on whose death the plaintiffs and defendants became equally entitled to the plaint-A schedule property. The plaintiffs filed O.S.No.87 of 1977 for partition of the property. The first defendant raised a contention that the plaintiffs and the other defendants had agreed to sell their shares to him for Rs.42,000/-and the suit for partition was not maintainable. The trial court held that the agreement relied on by the first defendant amounted to a family arrangement and the only right of the plaintiffs and the other defendants was to receive the amounts mentioned in the family arrangement. Two appeals were filed against the decree namely A.S.Nos. 321 of 1982 and 357 of 1982. By a common judgment a Single Judge of this court dismissed the appeals subject to the modification of the decree to the effect that the plaintiffs and defendants 2 and 3 were entitled to get interest also @ 6 % per annum from 30.6.1977, the date on which the first defendant was bound to make the payments to the other sharers. A












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