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2023 Supreme(Ker) 200

GOPINATH P.
MAMMAD P. K. S/O MOIDU – Appellant
Versus
COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: B. KRISHNAN, R. PARTHASARATHY.
For the Respondents: B.G. BIDAN CHANDRAN, P. JERIL BABU, P.K. SURESH KUMAR, SRINATH GIRISH P.

JUDGMENT :

1. The petitioners have approached this Court challenging Ext.P12 order through which the 1st respondent has determined that the respondents 4 and 5 are the persons entitled to compensation under LAC Nos. 621/20 and 621/ 20A before that officer. It is the case of the petitioners that respondents 4 and 5 had purchased the property from out of the property allotted to defendants 24 to 26 in O.S. No. 84 of 1986 on the file of the Munsiff Court, Payyoli. O.S. No. 84 of 1986 was a suit for partition. The preliminary decree in the suit for partition was issued on 24.01.1987. Ext.R4(a) final decree was issued on 30.09.1997. The petitioners, who are defendants 11 and 19 in Ext.R4(a) final decree, contend in main that, they were minors at the time when the preliminary decree was issued and they were represented by their mother in the said proceedings. It is their case that owing to a collusion between their mother and one of her brothers, the fact that the property which is subject matter of LAC Nos. 621/20 and 621/ 20A was allotted to petitioners by virtue of a registered partition deed executed in the year 1981, was not brought to the notice of the Court which issued the prelimi

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