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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
C.P.SEBASTIAN – Appellant
Versus
ANTONY – Respondent
| Table of Content |
|---|
| 1. background of the appeals and the suits involved. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. court's analysis of the substantial question of law. (Para 12 , 13 , 14 , 17 , 18 , 19) |
| 3. arguments regarding ownership and rights over the property. (Para 15 , 16) |
| 4. legal effect of documents and principles of ownership. (Para 20 , 21) |
| 5. final decision and orders regarding partition. (Para 22 , 23 , 24 , 25) |
J U D G M E N T
1. These two Regular Second Appeals arise from two suits, O.S No.654 of 1996 and O.S No.47 of 1997.
2. The appellant in R.S.A.No.1033/2006 is the Plaintiff and the respondents are the defendants 1 to 7 in O.S.No.47/1997. During the pendency of the said R.S.A, the 4th and 5th respondents are died. The legal heirs of the 5th respondent were impleaded as respondents 8 & 9. The legal heirs of the 4th respondent were impleaded as respondents 10 & 11.
3. The appellant in R.S.A.No.1017/2006 is the defendant and the respondent is the Plaintiff in O.S No.654 of 1996.
4. The Trial Court disposed of both the suits together by a common judgment treating O.S No.47 of 1997 as the leading case. Hence, the parties are referred to according to their status in the
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