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2025 Supreme(Online)(KER) 7465

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
Sarojam D/o. Retnaselvam – Appellant
Versus
Reghuvara Panicker (Died & Lr’s Recorded), S/o. Krishna Panicker – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. S.VINOD BHAT, SMT. ANAGHA LAKSHMY RAMAN, SRI.VADAKARA V.V.N.MENON, AYYAPPAN SANKAR, S.HRIDYA(K/279E/2001), JOSE P. THOMAS(K/2826/2024)
For the Respondent: SRI. I.J.AUGUSTINE, SRI. AYYAPPAN SANKAR, SRI. JOSE P. THOMAS, SMT. S.HRIDYA, S.JAMES VINCENT, I.J.AUGUSTINE, R.GOPAN, TERRY V.JAMES, SRI. JAMES VINCENT

JUDGMENT :

Defendants 2 to 4 in O.S. No. 86 of 2000 on the file of the First Additional Munsiff's Court, Neyyattinkara, filed this Second Appeal challenging the concurrent findings of the trial court and the First Appellate Court setting aside the ex parte decree in O.S. No. 1053 of 1996 of the Additional Munsiff’s Court, Neyyattinkara on the ground of fraud and collusion.

2. Mr. Reghuvara Panicker and his daughter Sreedevi were the plaintiffs in O.S. No. 86 of 2000 and they are respondents 1 and 2 in this Second Appeal. The husband of the 1st appellant and father of appellants 2 and 3, Mr. Duriyodhanan was the 1st defendant, and the 5th defendant Sudharma in the said suit was the wife of Reghuvara Panicker, the 1st respondent herein. The 3rd and 4th respondents in this appeal were the 1st and 5th defendants in O.S. 86 of 2000.

3. The earlier suit--O.S. No. 1053 of 1996, was filed by the 1st appellant herein representing her minor daughters against Sudharma, wife of Reghuvara Panicker as 1st defendant and the 2nd defendant was Duriyodanan, who was the husband of the plaintiff. In the said suit, it is alleged that the 2nd defendant, Duriyodanan, executed sale deed No. 1756/94 dated 15.

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