M. A. ABDUL HAKHIM
Gopu Narayan S/o. Sreevalsalajanan – Appellant
Versus
Thekkevaliya Veettil Saleena – Respondent
Based on the provided legal document, here are the key points:
JUDGMENT :
CR [RFA Nos.81/2013, 200/2014 & OPC 1718/2015]
1. Since the above three cases relate to O.S.No.787/1994 on the files of the First Additional Sub Court, Kozhikode, they are disposed by a common judgment.
2. R.F.A.No.81/2013 is filed by the legal heirs of the second defendant in O.S.No.787/1994 challenging the Preliminary Decree dated 19.11.1997 passed by the Trial Court.
3. R.F.A.No.200/2014 is filed by the very same persons who were impleaded as additional respondents 27 & 28 in the final decree proceedings in O.S.No.787/1994 challenging the Order dated 28.09.2013 of the Trial Court passing final decree in O.S.No.787/1994.
4. O.P.(C).No.1718/2015 is filed by the second appellant in the above appeals challenging Ext.P11 order produced therein dated 28.11.2014 in I.A.No.3451/2014 in O.S.No.426/2002, by which his prayer for receiving his Written Statement filed after attaining majority, is dismissed by the Trial Court. O.S.No.426/2002 was filed by four assignees of parts of the plaint schedule properties in O.S.No.787/1994 seeking a declaration that the judgment and decree passed in O.S.No.787/1994 are not valid, binding, and enforceable against the plaintiffs or the plaint sche
Babu v. Ayillalath Arunapriya 2012 (4) KHC 445
Bhanu Kumar v. Archana Kumar (2005) 1 SCC 787
Kunjayyan & Ors. v. Kerala State & Anr. 2012 (1) KHC 827
Daughters under Hindu Mitakshara Law are not entitled to a share in coparcenary property, and an appeal against an ex parte decree is maintainable despite prior dismissal of a setting aside applicati....
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
The judgment establishes that legal heirs have rights to ancestral properties under the Hindu Succession Act, 1956, and that partition deeds not challenged by all parties may not be binding, necessit....
The main legal point established in the judgment is that in Final Decree proceedings, the Final Decree Court has the power and competence to determine disputes between parties, including testamentary....
Joint family property laws affirm equal entitlement to heirs in intestate succession, rejecting claims of prior partition absent conclusive evidence.
There is no legal embargo against addition of any new party after a preliminary decree in suit for partition has been passed because suit for partition is disposed of only when final decree is passed....
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