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2022 Supreme(Ker) 870

C. S. DIAS
Jayalakshmi W/o. Chandrasekharan – Appellant
Versus
Sreedharan, S/o. Late. Sankunni Nair – Respondent


Advocates Appeared:
For the Petitioner: Sri. R. Harishankar, Smt. Parvathy Nair.
For the Respondents: Sri. A.R. Gangadas.

JUDGMENT :

1. Aggrieved by Ext.P7 order passed in I.A.No.4746/2016 in O.S.No.106/2011 of the Court of the Principal Subordinate Judge, Palakkad, the 12th defendant in the suit, has filed the original petition under Article 227 of the Constitution of India. The respondents 1 to 11 are the plaintiffs and the respondents 12 to 24 are the defendants in the suit.

2. The petitioner’s case, relevant for the determination of the original petition, is: The suit is filed by respondents 1 to 11, for a decree of partition. The respondents 1 to 11 have claimed that they are entitled to 13/27 shares, the first defendant is entitled to 3/27 shares, the second defendant is entitled to 4/27 shares, defendants 3 to 15 are entitled to 1/27 shares and the defendants 6 to 11 are entitled to 4/27 shares in the plaint scheduled property. The petitioner is residing in the house situated in the plaint scheduled property. The first defendant has alleged in Ext.P2 written statement that the petitioner does not have a right over the plaint scheduled property. The defendants 2 to 11 have in Ext.P3 written statement agreed for the partition. The petitioner has filed Ext.P4 written statement, inter-alia, contend

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