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2023 Supreme(Ker) 887

SATHISH NINAN
Hari G. Nair, S/o. Gopinathan Nair – Appellant
Versus
Santha, W/o. Thankappan – Respondent


Advocates Appeared:
For the Appellant : Sri. P.K. Ravisankar, Sri. S. Jamal.
For the Respondents: Sri. A. Balagopalan, Smt. A. Parvathi Menon, Sri. M.N. Manmadan, Sri. P. Sanjay.

JUDGMENT :

The decree in a suit for declaration that Ext.A6 and A8 sale deeds are null and void : For recovery of possession of plaint 'A' and B schedule properties, for partition of plaint 'C' and 'D' schedule properties and for prohibitory injunction against encumbering the properties was decreed by the trial court. The sixth defendant is in appeal.

2. An extent of 92 cents of property belonged to one Kannan Ayyappan. The parties to the suit except the sixth defendant-appellant herein, are the successors of Kannan Ayyappan being either grand children or great grand children. The sixth defendant – appellant is the assignee.

3. For an easy understanding of the relationship between the parties the genealogical tree is given hereunder :-

Kannan Ayyappan had four children Kochappan, Kunjan, Kunjipennu and Karumbi. Kochappan had five children, plaintiffs 1 to 4 and late Sidharthan. Plaintiffs 5 to 7 are the widow and children of the said Sidharthan. Kunjan died unmarried and issueless in the year 1986. Kunjipennu died in the year 1993. She had a son Thankappan. The first plaintiff and defendants 4 and 5 and the 8th plaintiff are claimed to be the wife and children of Thankappan. Defendant

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