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2020 Supreme(Online)(KER) 6910

HIGH COURT OF KERALA
K.HARILAL, C.S. DIAS, JJ
MARTINA @ MARTHINA – Appellant
Versus
RAPHEL ALIAS RAPHEL K.THOMAS – Respondent


Advocates:
SRI.K.T.SAJU, SRI.SAJI.P.JOSEPH, SRI.P.B.PRADEEP

JUDGMENT

K.HARILAL, J.

The appellant is the mother of the respondents herein as well as the wife of late K.R Thomas. The appellant's husband died intestate on 20.10.2004. Thus, the appellant and the respondents inherited the property left behind by the appellant's husband. Subsequently, the appellant executed a settlement deed in favour of respondents 1 to 3 in respect of her fractional right over the aforesaid property, but retained life interest in the property, according to the appellant. Later, respondents 1 to 3 filed O.S 214/2016 before the II Additional Subordinate Court, Ernakulam for partition of the plaint A schedule property including the one covered by the said settlement deed without making the appellant a party to the suit. Thereafter, the case was settled in mediation between the respondents herein and the court below passed a final decree as per the mediation agreement. Later, E.P No.97/2019 has been filed in O.S No.214/2016 by the respondents 4 to 7 herein for the execution of the compromise decree. When appellant came to know about the execution proceedings, she filed claim petition as EA 478/2019 with E.A 479/2019 in EP 97/2019, seeking stay against all further pr

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