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2025 Supreme(Online)(Ker) 53794

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.SASIDHARAN – Appellant
Versus
GOVINDAN – Respondent


Advocates:
For the Appellants/Petitioners: P.B.KRISHNAN (SR.), N.AJITH, S.V.BALAKRISHNA IYER (SR.), GEETHA P.MENON, P.M.NEELAKANDAN, P.B.SUBRAMANYAN
For the Respondents: G.S.REGHUNATH, T.KRISHNANUNNI (SR.), MEENA A., VINOD RAVINDRANATH, MINI M.R., ASHWIN SATHYANATH, ROHITH NANDAKUMAR, KALEESWARAM RAJ, VARUN C.VIJAY, ARUNA A., THULASI K.RAJ, MAITREYI SACHIDANANDA HEGDE

EASWARAN S., J.---------------------------------------------------------

R.S.A No.1059 of 2013 ---------------------------------------------------------

Dated this the 5th day of November, 2025

JUDGMENT

This appeal is preferred by the plaintiffs aggrieved by the concurrent findings rendered by the Munsiff Court, Vaikom, in O.S.No.176/2007 as affirmed by the Additional District Court-I, Kottayam, in A.S.No.65/2009.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The plaintiffs claimed right, title and interest over 21.520 cents in Survey No.198/1A and 1.5 cents in Survey No.198/1A by virtue of Ext.A1 sale deed executed by Catholic Syrian Bank in their favour. The 2nd defendant had O.S.No.13/1985 seeking for partition of 97.875 cents of property in Survey No.198/9B. One of the defendants in the suit was the father of the plaintiffs, namely, Kunjan Pappy. A preliminary decree dated was passed on 31.01.1986 and later, the same was challenged before the District Court, Kottayam. By judgment dated 17.11.1988, the same was confirmed. A further challenge before this Court in S.A No.742/1989 also met with dismissal by judgment dated 12.04.1991. In the meantime, an

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