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2016 Supreme(Ker) 519

V.CHITAMBARESH, K.HARILAL
SOSAMMA OOMMAN, W/O. LATE SIMON OOMMAN – Appellant
Versus
ANNAMMA SIMON, W/O. OMMAN SIMON – Respondent


Advocates Appeared:
For the Appellant : Advs. Sri. S.V.Balakrishna Iyer (SR.) Sri. V. Philip Mathew
For the Respondent: Adv. DR. K.P.Satheesan (SR.), Adv. Sri. K.K. Gopinathan Nair, Adv. Sri. M.R.Jayaprasad

JUDGMENT :

Chitambaresh, J.

The brother sets up a 'family settlement' in a bid to coerce his siblings to agree for property in lieu of that settled on them by their father.

2. One Oommen Simon died on 7.8.1986 leaving behind his widow, one son and six daughters as his legal heirs who are all parties to O.S.No.79/1989 which is taken as the lead suit. The son is the plaintiff and the widow and daughters are the defendants in the suit which is one for partition and for a direction to execute a deed of conveyance. Such deed is sought to be executed in furtherance of Ext.A1 agreement dated 16.9.1986 conceding to re-partition the property earlier owned by Oommen Simon. The parties are referred to as per their rank in O.S.No.79/1989 which was disposed of along with O.S.Nos.67/1991, 68/1991 and 98/1991 and evidence was recorded in common. Defendant No.7 filed O.S.No.67/1991 for declaration of title and recovery of possession and O.S.No.68/1991 for partition of property. Defendant No.6 filed O.S.No.98/1991 for declaration of title and recovery of possession of property and all the suits were disposed of by the common judgment impugned. The court below has dismissed O.S.No.79/1989 and decreed O


















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