HIGH COURT OF KERALA
SYAM KUMAR V.M., J
LAILA – Appellant
Versus
GEORGE BENSON – Respondent
JUDGMENT
Dated this the 02nd day of April, 2025
This F.A.O. is filed challenging the judgment and decree in A.S.No.156 of 2016 dated 21.07.2018 of the I Additiona l District Court, Ernakulam and seeking to confirm the final decree and order dated 08.04.2015 of the I Additional Sub Court, Ernakulam, in I.A.No.5626 of 2007 in O.S.No.65 of 1999. Appellant herein was the 1st respondent in the A.S. and plaintiff in the O.S. The 1st respondent was the appellant (3rd party) in the A.S. (hereinafter referred to as the 3rd party purchaser). The other respondents were the respondents in the A.S. and defendants in the O.S. (hereafter referred to as per their status in the O.S.).
2. The question to be considered in this appeal is whether the I Additional District Judge erred in setting side the final decree passed by the learned Sub Judge in a partition suit permitting a third party purchaser to get impleaded in the final decree proceedings, so as to seek allotment of property to the share of his assignors.
3. O.S.No.65 of 1999 was filed by Laila Thomas, a daughter of Koikkara Luka and his wife Kochuthressia (who had five children - a son and four daughters) seeking partition of the property owned
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