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2026 Supreme(Online)(Ker) 3968

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SETHUMADHAVAN @ ACHARY SETHUMADHAVAN – Appellant
Versus
SUNANDA – Respondent


Advocates:
For the Appellants/Petitioners: G.SREEKUMAR (CHELUR)
For the Respondents: K.P.SUDHEER

JUDGMENT

These appeals arise out of the judgment and decree of the Additional District Court, Irinjalakuda, in A.S. Nos.101 of 2012 and 112 of 2015 by which the judgment and decree rendered by the Principal Sub Court, Irinjalakuda, in O.S. No.645 of 2009 was set aside.

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

An extent of 1.53 Acres of land in Survey No.1361 of Mattathur Village, Thrissur District, originally belonged to one Sankaran. He died in the year 2006, leaving behind his wife Sunanda, two daughters, and his son. The suit was instituted, claiming 1/4th share each in the plaint schedule property. The defendant resisted the suit by contending that on 13.10.2005, late Sankaran had executed a Will by rd which an extent of 20 cents in the south was provided to the 3 plaintiff, an extent of 15 cents in the north was provided to the 2nd plaintiff and an extent of 10 cents to the further north, to the mother. On the western side, a 3.5- feet way was also provided. Thus, the total extent reserved for the plaintiffs was forty-five (45) cents and a larger extent for the defendant, where the Tharawad house is situated. The mother was provided with a li

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