SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Ker) 1068

K.M.JOSEPH, A.M.SHAFFIQUE
Rajamma – Appellant
Versus
Sukumar – Respondent


Advocates Appeared:
For the Appellant :R.D. Shenoi (Sr. Advocate) & K. Anand
For the Respondent: R. Harikrishnan, V.V. John Britto, C.A. Rajeev, N.C. Sajith, N. Asok Kumar, R. Rema, N. Subramaniam, M.S. Narayanan, E. Ramachandran, A. Sindhulakshmy, R. Umasankar & P. Arun Kumar (Moncompu)

JUDGMENT :

This appeal is filed by respondents 3 to 6 who are the LR s of the first defendant in the suit and the first respondent in the appeal. On the death of the 3rd appellant additional appellants have been impleaded.

2. The appeal arises out of a suit for partition and separate possession of the plaintiffs' share with mesne profits, past and future.

3. There are four schedules to the plaint. Besides A, B and C-Schedule, D-schedule relates to movables. The trial court passed a preliminary decree for partition as follows:

"In the result a preliminary decree for partition is passed in the following terms:-

A. Plaint A schedule, B schedule items 1 to 3 and C schedule items will be partitioned by metes and bounds and plaintiffs 1 to 17 are allotted one half share, Ist defendant 1/3 share and 2nd defendant 1/6 share in the aforesaid properties.

B. The quantum of mesne profits to which the plaintiffs are entitled will be determined in the final decree proceedings and such quantum will be a charge over the share of the plaint items allotted to the Ist defendant.

C. Plaintiffs are at liberty to apply for passing of a final decree within 3 months from this date."

4. The appeal was carried agai


































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top