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M.SASIDHARAN NAMBIAR
Sindhu Ajayan – Appellant
Versus
Damodaran Pillai – Respondent


Counsel for the Parties:
For the Appellant:Philip M. Varughese, Advocate.
For the Respondents:C.B. Sreekumar, K.K. Jayaraj Nambiar and P. Vijayakumar, Advocates.

JUDGMENT

M. Sasidharan Nambiar, J.—Who will inherit to the property of a Hindu female inherited by her leaving no issues, from her mother and died intestate, when her father is alive, is the question to be settled in the second appeal. The appellant is the plaintiff and respondents 1 and 2 are defendants 1 and 3 in O.S.158/1995. Second defendant, was a minor when the suit was instituted and was second appellant in A.S.24/1999. She died during the pendency of the first appeal unmarried and intestate. Appellant herein was declared her sole legal heir. Second respondent in the second appeal, the third defendant, died after the filing of the second appeal. Additional respondents 3 and 4 got themselves impleaded in the second appeal claiming that they are the second wife and daughter of the first respondent, which fact was disputed by the appellant. They were impleaded without settling the said dispute. Additional fifth respondent was subsequently got impleaded as one of the legal heir of the deceased second respondent.

2. Plaint schedule property originally belonged to Sankariamma, daughter of third defendant. First defendant is her husband and plaintiff and second defendant are their






































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