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2021 Supreme(Online)(KER) 35796

HIGH COURT OF KERALA
N.ANIL KUMAR, J
RAJENDRAN, – Appellant
Versus
RAJAN – Respondent


Advocates:
SRI.S.V.BALAKRISHNA IYER (SR.), SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SMT.B.ANUSREE, SRI.MANU VYASAN PETER

JUDGMENT

The R.S.A. is against the judgment and decree dated

28.9.2020 in A.S.No.168/2019 on the file of the Additional District Court, Muvattupuzha (hereinafter referred to as 'the first appellate court') preferred against the judgment and decree dated 21.5.2016 in O.S.No.218/2011 of the Munsiff's Court, Muvattupuzha (hereinafter referred to as 'the trial court').

2. The contesting defendants in O.S.No.218/2011 on the file of the Munsiff's Court, Muvattupuzha and the appellants in A.S.No.168/2019 of the Additional District Court, Muvattupuzha are the appellants herein. The respondents 1 to 5 are the plaintiffs in O.S.No.218/2011 and the respondents in A.S.No.168/2019. The parties are hereinafter referred to as the plaintiffs and defendants according to their status in the trial court unless otherwise stated.

3. The plaint averments in brief are hereinbelow:-

The plaint schedule properties having an extent of 4.38 acres originally belonged to Kittu, the predecessor-in-interest of the plaintiffs and defendants. Kittu died on 26.7.1976. His wife Kali also died on 06.06.1980. Kittu and Kali had 4 sons and 3 daughters. After the death of Kittu and Kali, their 4 sons executed Ext.A1 partitio

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