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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SIVADAS K.R., GOPINATHDAS K.R, K.G. SANTHAMMA – Appellant
Versus
RAMAVILASOM N.S.S. KARAYOGAM NO.690 – Respondent
| Table of Content |
|---|
| 1. the plaintiffs appeal against the dismissal of partition and injunction suit. (Para 1 , 2) |
| 2. validity of will in context of customary hindu law. (Para 3 , 4) |
| 3. arguments regarding execution and statutory rights in property. (Para 6 , 7) |
| 4. evaluation of the legal standing and interpretation of will provisions. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. final ruling affirming the lower court decisions and dismissing the appeal. (Para 22 , 23) |
JUDGMENT
The plaintiffs 3 to 5 in O.S. No.119 of 2002, a suit for partition and injunction on the files of the Principal Sub Court, Kottayam, have preferred the present appeal, challenging the dismissal of the suit by the trial court, as confirmed by the Additional District Court-II (Special), Kottayam, in A.S. No.200 of 2011.
2. The brief facts necessary for the disposal of this appeal are as follows:
The plaint schedule property belonged to one Bhaskaran Pillai, who died unmarried. Bhaskaran Pillai derived the right title and interest over the plaint schedule property by a partition deed No.3397/83 of SRO, Kanjirappally. Bhaskaran Pillai died on 10.9.2001. On 19.6.1999, Bhaskaran Pillai executed a Will in favour of t
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