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2022 Supreme(Online)(Ker) 74258

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUNIL THOMAS, J
RAJEEVAN.R. – Appellant
Versus
SANTHOSH – Respondent


Advocates:
For the Appellants/Petitioners: S.SANAL KUMAR, BHAVANA VELAYUDHAN, T.J.SEEMA
For the Respondents: JOHN JOSEPH, JAYASREE K.P.

O R D E R

The writ petitioner seeks to review the judgment of this court dated

6/9/2021 in W.P.(C) No.3061/2021.

2. The essential facts, as disclosed from the writ petition are that, the writ petitioner and the first and the second respondents are the children born to the third respondent in her matrimonial relationship with one Rajappan. Rajappan owned an item of property. After his death, the property devolved on the petitioner and the respondents 1 to 3 in equal shares. According to the petitioner, while they were in joint possession of the property, dispute regarding title arose and hence he filed O.S.No.484/2020 before the Munsiff Court, Alappuzha, seeking injunction. First respondent resisted the suit relying on a Will stated to have been executed by Rajappan and registered as document No. 82/2019/III of Mararikulam SRO, in favour of the first respondent. By virtue of the above Will, the first respondent claimed absolute title over the property. Thereafter, the writ petitioner filed O.S.No.504/2020 of Munisiff Court, Alappuzha for setting aside the Will and for partition of the property. The suit is pending. Apprehending that, in the meanwhile, the first respondent may try to ch

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