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2014 Supreme(Online)(KER) 49283

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
LAKSHMI – Appellant
Versus
APPY GOVINDAN – Respondent


O R D E R

This Review Petition is filed by the appellants in R.S.A.

No. 1510 of 2012. R.S.A. 1510/2012 and R.S.A. 1450/2012 were heard together and a common judgment was pronounced by this court on 7-1-2013. The appellants are the plaintiffs in O.S. 157/1995 of Sub Court, Kottayam. They are the wife and son of the deceased third defendant Kunjan Pappi. Earlier there was a suit for partition as O.S.13 of 1985 in which the third defendant KunjanPappi was a party. In that case, it was contended by him that he has got exclusive title to the suit property and that the property mentioned therein is not liable to be partitioned.

It was observed by this Court in page 2 of the judgment:

“In that suit it was held that the property was originally obtained on lease by the father of the first appellant's husband who was the third defendant in O.S. 13/1985. It was held in O.S. 13/1985 that the purchase certificate obtained by the 3rd defendant therein was on behalf of all the legal heirs of his deceased father and that the purchase certificate so obtained by him will enure to the benefit of all the legal heirs of his father . Thus a preliminary decree for partition was passed in that suit. The 3rd d

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