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2021 Supreme(Online)(KER) 43352

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
MARY ANITHA LATHA – Appellant
Versus
ADLEIN PUSHPAVENI – Respondent


Advocates:
SRI.NIRMAL, SMT.VEENA HARI, SRI.BALAGOPAL, SRI.MANJERI SUNDERRAJ, SRI.A.SANOOJ, SMT.RIA ELIZABETH JOSEPH

JUDGMENT

Anil K. Narendran, J.

R.F.A.No. 134 of 2020:- The appellant is the 2nd defendant in O.S.No.184 of 2013 on the file of the Sub Court, Vatakara, a suit for partition. The appellant has filed this appeal under Order XLI Rule 1 read with Section 96 of the Code of Civil Procedure , 1908 seeking an order to set aside the final decree dated 15.11.2019 in F.D.I.A.No.965 of 2014 in O.S.No.184 of

2013.

2. On 21.12.2020, when this appeal came up for admission, respondents 2 and 3 entered appearance through counsel. Notice was ordered to respondents 1 and 4 by speed post. In I.A.No.1 of 2020, this Court granted an interim stay of the proceedings in E.P.Nos.18 and 19 of 2020 in O.S.No.184 of 2013 on the file of the Sub Court, Vatakara, for a period of one month. The said interim order, which was extended from time to time, is still in force.

3. R.F.A.No. 139 of 2020:- The appellant is the 1st defendant in O.S.No.184 of 2013 on the file of the Sub Court, Vatakara, a suit for partition. The appellant has filed this appeal under Order XLI, Rule 1 read with Section 96 of the Code of Civil Procedure , 1908 seeking an order to set aside the final decree dated 15.11.2019 in F.D.I.A.No.965 of 2

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