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2020 Supreme(Ker) 405

K.HARILAL, C.S.DIAS
Vijayakumar, S/o. Late Gangadharan – Appellant
Versus
Santhakumari, W/o. Late Gangadharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.M.BALAGOVINDAN, SRI.S.SHIBU KUMAR
For the Respondent: SRI.J.JAYAKUMAR, SRI.K.B.PRADEEP

ORDER :

K.Harilal, J.

1. The review petitioner herein is the appellant in RFA 167/2018, which was dismissed on 19.12.2018, by the judgment, which is sought to be reviewed. The aforesaid RFA was filed, challenging the judgment and decree, passed in OS 66/1998 of the Sub Court, Thiruvananthapuram. The said suit was one for partition filed by respondents 2 to 4 and 6 in the review petition and the review petitioner/appellant herein was the second defendant in the said suit. The review petitioner and respondents 2 to 6 are the children of the deceased Gangadharan and the 1st respondent herein. The plaint schedule property belonged to Gangadharan at the time of his death. According to respondents 2 to 4 and 6/plaintiffs, after the death of Gangadharan, the property devolved upon the review petitioner and respondents 1 to 6 and thereby they are entitled to get 1/7th share each. The review petitioner filed a written statement mainly contending that the suit is not maintainable in law, due to the institution of two earlier suits for partition as OS 66/1998 and OS 2418/1999. The court rejected the said contentions on a finding that the institution of the said suits does not preclude the plain

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