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2021 Supreme(Ker) 1188

A. MUHAMED MUSTAQUE, SOPHY THOMAS
Saraswathy W/o Rajendran Pillai – Appellant
Versus
Ravindran Pillai S/o Padmanabhan Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T. Krishnanunni, M. Devesh, K.C. Kiran, Vinod Ravindranath, Meena A., Saju S.A.
For the Respondents: Legith T. Kottakkal, Anagha Lakshmy Raman, S. Vinod Bhat.

JUDGMENT :

SOPHY THOMAS, J.

1. The defeated plaintiff in O.S. No. 290 of 2007 of Family Court, Kollam, is the appellant herein. She filed that suit for declaring her status as the legally wedded wife of diseased Rajendran Pillai, for injunction both prohibitory and mandatory and also for declaring partition deed No. 3018 of 2005 as null and void.

2. The siblings of deceased Rajendran Pillai were defendants 1 to 3, the Secretary of Co-operative Banks, where deceased Rajendran Pillai was having deposits, were defendants 4 and 5, and the President and Secretary of Sree Bhadra Devi Temple, Kayalazhikam, were additional defendants 6 and 7, in the suit and they are respondents Nos. 1 to 7 in the appeal.

3. The case of the appellant is that she married deceased Rajendran Pillai as per Hindu Nair rites and custom on 24.01.1989 and thereafter, they were living together as husband and wife till his death on 02.09.2005. A schedule landed property and B schedule Bank deposits absolutely belonged to him. After death of Shri Rajendran Pillai, respondents 1 to 3, who are his siblings, evicted the appellant from that property, and they executed partition deed No. 3018 of 2005, dividing the property am

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