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2021 Supreme(Ker) 1027

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
Sabitha K. V. – Appellant
Versus
Satheesan K. V. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mahesh V. Ramakrishnan, N.N. Sugunapalan.
For the Respondents: K. Jaju Babu, T.K. Vipindas, K.V. Sree Vinayakan, K.M. Muhammed Hussain.

JUDGMENT :

1. These appeals arise from the common judgment in W.P. (C) No. 24498 of 2017, 21246 of 2016 and 37814 of 2015, whereby the learned Single Judge relegated the dispute among the legal heirs regarding the right to manage two institutions by name Sree Narayana Teachers Institute, Nileshwar and Sree Narayana Aided U.P. School, Padannakad (hereinafter referred to as ‘the schools’ for short) to the Educational Authority for appropriate decisions regarding the membership in terms of the Kerala Education Act and Rules. The material facts require for deciding the appeals are as follows:

    Late K.V. Kunhambu established the above institutions and was the Manager till his death on 11.08.1978, after which his wife Sathyabhama became the Manager as per the Will of Kunhambu dated 10.05.1978 and she continued as such till her death on 12.08.2013, following which disputes started among their seven children about the managership. While Sabitha K.V. the appellant in W.A No. 463 of 2021 staked her claim on the basis of an unregistered Will allegedly executed by her mother on 27.10.2009 bequeathing her right to manage exclusively, Sri. Satheesan K.V. the elder son who had the support of all the

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