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2017 Supreme(Ker) 895

A.HARIPRASAD
Jacob V. Elias represented by Power-of-Attorney Holder Thomas Mathew – Appellant
Versus
Valsala Amma – Respondent


Advocates Appeared:
For the Petitioner:S. Sreekumar, Senior Advocate, P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, Ajay Ben Jose, Manjunath Menon, Advocates.
For the Respondent:R. Rajesh Kormath, Santheep Ankarath, P.A. Harish, Daisy A.Philipose, P. Babu Kumar, Vishnu Babu, Advocates.

JUDGMENT :

1. These petitions are offshoots of an original suit, which itself has a chequered history. For better understanding of the legal issues involved, I shall narrate the brief facts borne out from W.P.(C) No.8128 of 2010.

2. O.S.No.26 of 1965 was filed before the Sub Court, Ottapalam for partition of the properties belonged to Kavalappara Mooppil Sthanam. Large extent of properties, as various items, had been included in the suit. Pending the suit, a Receiver was appointed for management of the estate and he took over possession of the properties. Thereafter, a preliminary decree for partition was passed on 30.10.1979. I.A.No.469 of 1980 was filed by the plaintiffs for passing a final decree in terms of the preliminary decree. There are seven petitioners and sixty-seven respondents in the final decree application. Some of them are the assignees of sharers and some others are the legal representatives of sharers. Petitioners are the assignees from sharers.

3. One of the items of property sought to be divided is having an extent of 136.09 acres comprised in survey Nos.289/2, 3 and 4; 290/1 and 2; 298/2, 3 and 4; 26/1 and 1/IA situate in Kulappully, Shornur I and II Villages of P














































































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