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2024 Supreme(Ker) 836

M. A. ABDUL HAKHIM
Narayan Achary Krishnan Kutty, S/O. Narayan Achary – Appellant
Versus
Janardhanan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE, SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
For the Respondent: SMT.P.LISSY JOSE, SRI.S.SANTHOSH KUMAR

JUDGMENT :

1. This Regular Second Appeal is filed by defendants 1, 3 & 4 in a suit for partition.

2. The respondents 1 to 7 are the plaintiffs in the suit. During the pendency of this Regular Second Appeal, the 3rd respondent/3rd plaintiff died, and his legal representatives are impleaded as respondent Nos.8 to 10 as per order dated 19.12.2022 in I.A.No.3/2019.

3. The parties are referred according to their status before the Trial Court.

4. The plaintiffs filed the suit for partition of plaint A & B schedule properties belonged to Pappu Achari Narayanan Achari in equal shares of 1/9 each among the plaintiffs (7Nos) and the defendants 1 & 2, who are the children of Narayanan Achari who died on 16.11.1998 claiming that the plaint schedule properties belonged to Narayanan Achari as per Ext.A1 Deed; and that wife of Narayanan Achari predeceased Narayanan Achari.

5. According to the plaintiffs, both plaint A & B schedule properties are lying as a single compact plot; that Narayanan Achari and the first plaintiff constructed a house in the plaint schedule properties utilizing their funds; the plaint A schedule property has an extent of 4 cents with a building therein. Plaint B schedule proper

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