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2017 Supreme(Ker) 116

B.KEMAL PASHA
RADHAKRISHNAN S/O. LATE SREEDHARA PANICKER – Appellant
Versus
P. K. GOPALAKRISHNA PANICKER S/O. KOCHUPARAMESWARAN PILLAI, PUTHEN PARAMBIL VEEDU – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. S.V. BALAKRISHNA IYER (SR.), SRI. M.J. THOMAS
FOR THE RESPONDENTS: SRI. P.G. PARAMESWARA PANICKER (SR.), SRI. P. GOPAL, SRI. RAJAN NAMBRATH

JUDGMENT :

(1) Whether the subsequent recitals contained in Ext.A1 are repugnant to the right created in favour of Sreedhara Panicker and 1st respondent as per Ext.A1?

(2) Whether the subsequent recitals incorporated after the creation of the right in respect of the aforesaid persons in Ext.A1 amount to clauses violating absolute transfer or absolute transfer of interest within the meaning of Sections 10 and 11 of the Transfer of Property Act, 1882?

(3) Whether Ext.B1 followed by the Will of 1994, Exts.B4, B5 and B2 result in intentional relinquishment of the known rights of the appellants allegedly created in favour of them through Ext.A1?

(4) Whether simple suits for injunction will lie in the case of O.S.No.538/2001 as well as O.S.No.545/2002?

(5) Whether a serious adjudication of title of the appellants or others are involved in these suits?

(6) Whether second appeals are maintainable in these matters under Section 100 of the Code of Civil Procedure, 1908?

These are the main questions that arise for consideration in these Second Appeals.

2. R.S.A. No. 396 of 2010 has arisen from A.S.No.26/2005 of the Subordinate Judge's Court, Thiruvalla, which was filed against the judgment and decree



















































































































































































































































































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