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2008 Supreme(Ker) 694

K.T.SANKARAN
Raman Nadar Velayudhan Nadar – Appellant
Versus
Janaki Karthi – Respondent


Advocate Appeared:
For the Petitioner:R.T. Pradeep and V. Vijulal, Advocates
For the Respondent:T. Krishnan Unni, Sr. Advocate, R.S. Kalkura, Nagaraj Narayanan, T.A. Narayanan Nair and K.K. Chandran Pillai, Advocates

ORDER :

K.T. Sankaran, J.

This is an application filed by the first respondent in C.M.A. No. 122 of 1996, who is the second defendant in O.S. No. 135 of 1973, Munsiffs Court, Neyyattinkara, under Section 152 of the Civil Procedure Code to correct certain errors arising from accidental slip or omission in the judgment in the C.M. Appeal. The suit was filed for partition of plaint A and B schedule items. A preliminary decree was passed on 17.2.1977. In the appeals filed therefrom, the preliminary decree was modified. Two applications were filed for passing a final decree; one by the plaintiff and the other by the second defendant. It would appear that in the application filed by the plaintiff as I.A. No. 4307 of 1983, a final decree was passed. The final decree was challenged in A.S. No. 122 of 1985. It is stated by the counsel on either side that in the appeal, a modified preliminary decree was passed on 22.12.1989. Thereafter, on 27.8.1993, a final decree was passed pursuant to the judgment in A.S. No. 122 of 1985. That was challenged in A.S.No.416 of 1993 by the second defendant which was allowed and the case was remanded to the Trial Court as per judgment dated 9.1.1996. The order





































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