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2013 Supreme(Ker) 1023

S.S.SATHEESACHANDRAN
Ammini – Appellant
Versus
Anees – Respondent


JUDGMENT

S.S. Satheesachandran, J.

Appeal is directed against the order of remand passed by the learned Additional Sub Judge, North Paravur in A.S. No. 59/2003 setting aside the decree and judgment in O.S. 638 of 1998 of the Munsiff Court, Aluva. Plaintiffs in whose favour a decree of mandatory injunction was passed in the suit by learned Munsiff, which was set aside in appeal remanding the case for fresh disposal, have filed this appeal. Suit was for declaration and recovery of possession. Plaintiffs, four in number, claimed that they are the wife and children of late Kumaran who had been allotted plaint schedule property in koottukrishi farm, which was later assigned in his favour issuing a patta. Third defendant who is not a legal heir of Kumaran, but, claiming to be his wife, under the influence of second defendant executed a sale deed over the above property in favour of third defendant was their case to seek a declaration that such registered sale deed is void and for recovery of property on the strength of their title. Defendants resisted the suit disputing the status of plaintiffs as wife and children of Kumaran. They contended that third defendant is the legally wedded wife


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