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2018 Supreme(Ker) 843

ALEXANDER THOMAS
Biju C. Alex – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gokul Das V.V.H., Ranjit S (Adv.)
For the Respondent: Tittu Eapen Jose, A C Vidhya (GP) & K S Rockey (Adv.)

JUDGMENT :

Alexander Thomas, J.

1. The petitioners are aggrieved by the impugned action on the part of the 3rd respondent- Sub Registrar, SRO, Thiruvalla, in refusing to register Ext.P-4 presented by the petitioners as a partition deed, on the ground that the said deed cannot be construed as an instrument of partition as per Sec.2(k) of the Kerala Stamp Act, 1959 as the property covered by Ext.P-4 was already the subject matter of the partition in Ext.P-1 registered partition deed dated 30.07.2009 duly executed by the co-owners concerned. 2. The prayers in this Writ Petition (Civil)are as follows:

"(i) to issue a writ of certiorari and quash Exhibit P6 as highly illegal and arbitrary.

(ii) to issue a writ of mandamus directing the 3rd respondent herein to register Exhibit P4 partition deed within a time frame to fixed by this Hon'ble Court.

(iii) to issue a declaration that the Exhibit P4 partition deed in an instrument of partition whereby the undivided shares of the petitioners are partitioned since the 2nd petitioner has not executed or partitioned her share in the property as pe



























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