Sujatha vs Kamalasanan
2021 Latest Caselaw 7577 Ker

RSA 204/2021                            1/3

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
                 THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

               Thursday,the 4th day of March 2021/13th Phalguna, 1942
                               RSA No.204/2021 (G)



     For information purpose only
AS No.94/2019 of the SUB COURT, CHENGANNUR
OS No.97/2014 of the MUNSIFF COURT,CHENGANNUR


APPELLANTS/APPELLANTS/DEFENDANTS 1 TO 3:

1.    SUJATHA,AGED 59 YEARS
      W/O.JAYAPRAKASH, KULATHINTE VADAKKETHIL VEETTIL, KARAKKADU
      MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK.

2.    GEETHU S. PRAKASH,AGED 35 YEARS
      D/O. SUJATHA, KALEEKANKALAYIL VEETIL, FROM KULATHINTE
      VADAKKETHIL VEETTIL, KARAKKAD MURI, MULAKKUZHA VILLAGE,
      CHENGANNUR TALUK.

3.    VEENA PRAKASH,AGED 33 YEARS
      D/O. SUJATHA, KALEEKANKALAYIL VEETIL, FROM KULATHINTE
      VADAKKETHIL VEETTIL, KARAKKAD MURI, MULAKKUZHA VILLAGE,
      CHENGANNUR TALUK.

      BY ADV.M/S.JACOB P.ALEX, MANU SANKAR P. & JOSEPH P.ALEX



RESPONDENTS/RESPONDENTS/PLAINTIFFS 1-3:

1.    KAMALASANAN,AGED 72 YEARS,
      S/O. NARAYANAN, MANU SADANATHU VEETTIL, KARAKKAD MURI,
      MULAKKUZHA VILLAGE, CHENGANNUR TALUK, PIN-689505.


2.    PRAMOD P.V.,AGED 44 YEARS,
      S/O.VASUKUTTY, PAROOR VEETTIL, KOTTAMONPARA MURI, CHITTAR
      SEETHATHODU VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,
      PIN-689667. (2ND RESPONDENT IS REPRESENTED BY HIS POWER OF
      ATTORNEY HOLDER - KAMALASANAN, THE 1ST RESPONDENT HEREIN).
 RSA 204/2021                                2/3



3.     MANJU PRAMOD,AGED 40 YEARS,
       W/O. PRAMOD P.V., PAROOR VEETTIL, KOTTAMONPARA MURI, CHITTAR
       SEETHATHODU VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,
       PIN-689667. (3RD RESPONDENT IS REPRESENTED BY HIS POWER OF
       ATTORNEY HOLDER - KAMALASANAN, THE 1ST RESPONDENT HEREIN).

       BY ADV.SRI.V.PHILIP MATHEW

     For information purpose only
      This Regular Second Appeal having come up for orders on 04.03.2021, the
court on the same day passed the following:




                                   N.ANIL KUMAR, J.
                                        ----------------
                                   RSA No.204 of 2021
                                        ----------------
                           Dated this the 4th day of March 2021

                                        ORDER

Heard the learned counsel for the appellant.

2. RSA No. 182 of 2021, arises from the judgment and decree dated

30.09.2020 in AS No. 93 of 2019 of Sub Court, Chengannur, which is

connected to this RSA, has been admitted. Hence, this RSA also is admitted

on the very same substantial questions of law indicated herein below;

1. Have not the courts below erred in properly interpreting Ext.B1

document and the rights derived thereunder to various parties in lis?

If so, it is correct in law to hold that the pathway set apart in Ext.B1

stands extinguished?

2. Does not the junction of beneficiaries/joint owners require to part with

the joint right/ownership over a common property even if they parted

with their separate rights over other items adjoining the common

property?

3. Whether the right over a property, that was set apart for the common RSA 204/2021 3/3

use and which was not partitioned, will extinct, if all the remaining

properties come under a single holding?

3. Considering the facts and circumstances involved, the parties are directed

to explore the chance of settlement, if any, and submit before this Court on

08.03.2021.

4. The interim order passed on 26.02.2021 stands extended by two weeks.

    For     information purpose only
     Post on 08.03.2021.

IA No. 1 of 2021


Post on 08.03.2021.


                                N. ANIL KUMAR,       JUDGE
bka/-

                                       /true copy/
                                                              Sd/-
                                                            ASSISTANT REGISTRAR