Kerala High Court
Meloth Raghavan Nair vs P.Indrani Alias Indira on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 19th DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
AS NO. 857 OF 1997 (G)
AGAINST THE ORDER DATED 5.4.1997 IN I.A.No.1294/1985 IN
O.S.No.128/1982 OF SUB COURT, KASARAGOD
APPELLANTS/RESPONDENTS 3, 5 TO 12 AND 16 TO 20:
1 MELOTH RAGHAVAN NAIR
2 MELOTH NARAYANAN NAIR (DIED)
3 NARAYANI AMMA, W/o A.NARAYANAN NAIR.
4 SAVITHRI AMMA
5 CHANDRASHEKARAN NAIR
6 JANARDHANAN NAIR
7 KRISHNAN NAIR
8 BABY
9 KARTHYAYINI
10 M.KAMALAKSHI AMMA
11 M.BALAKRISHNAN NAIR
12 M.RADHA
13 M.GOPINATHAN
14 M.THANGAMANI
Nos.1 AND 2 ARE CHILDREN OF P.KRISHNAN NAIR, No.1 IS
RESIDING AT KAVUNKAL IN KASARAGOD TALUK, P.O.KANATHUR.
NO.2 IS RESIDING AT KALI-PALLATHINGAL, P.O.KANATHUR,
KASARAGOD TALUK. NO.3 IS RESIDING AT MUDIRACOACHI HOUSE,
A.S.No.857 of 1997 2
KARICHERRY, P.O.MAILLATY, (VIA) UDMA. NOS.4 TO 9 ARE
CHILDREN OF MADHAVAN NAIR, AND RESIDING AT NEERAVALAPPIL
OF MULIYAR VILLAGE, P.O.KANATHUR, KASARAGOD TALUK.
NO.10.IS THE WIDOW AND Nos.11 TO 14 ARE CHILDREN OF
MELOTH KUMARAN NAIR. Nos.10,11 AND 13 ARE RESIDING AT
KEEKANAM HOUSE, P.O.KUNDAMKUZHI (VIA CHENGALA), No.12 IS
RESIDING AT ADHUR VILLAGE, KASARAGOD TALUK, P.O.BELLUR,
No.14 IS RESIDING AT THOOVAL HOUSE, MAILATTY POST, (VIA)
UDMA.
BY ADVS. SRI.D.KRISHNA PRASAD
SMT.MINI V.MENON
SRI.P.VISHNU PRASAD
RESPONDENTS/PETITIONER AND RESPONDENTS 4 AND 13 TO 15:
1 P.INDRANI ALIAS INDIRA,
D/o P.KRISHNAN NAIR AND W/o C.KRISHNAN NAIR,
RESIDING AT KOTAKAD, KAKKAL HOUSE, P.O.KOTOOR,
KASARAGOD TALUK.
2 MELOTH PURUSHOTHAMAN NAIR,
S/o PUDUKKUDI KRISHNAN NAIR,
RESIDING AT MALIYAKKAL HOUSE, KASARAGOD TALUK,
P.O.KANATHUR.
3 MANIKANTAN NAIR, S/o MADHAVAN NAIR,
RESIDING AT NEERAVALAPPIL OF MULIYAR VILLAGE,
KASARAGOD TALUK, P.O.KANATHUR.
4 MELOTH CHANDU NAIR, S/o KUNHAMBU NAIR, RESIDING AT
MUCHIRA KOLAM IN MULIYAR VILLAGE, KASARAGOD TALUK,
P.O.KANATHUR (DELETED)
4 C. AMBU, S/o MUTHU, RESIDING AT NEERAMBALAPPU HOUSE,
MULIYAR VILLAGE, KASARAGOD TALUK,P.O KANATHUR.
(THE NAME OF THE 4TH RESPONDENT DELETED AND THE RANK OF
5TH RESPONDENT RENUMBERED AS 4TH RESPONDENT AT THE RISK
OF THE APPELLANT AS PER ORDER DATED 14.3.13 IN CMP
2879/01).
A.S.No.857 of 1997 3
ADDL.R5 ROHINI, D/o MELOTH CHANDU NAIR AND W/o KUNHIRAMAN NAIR,
MADAKALLU HOUSE, BANDADKA VILLAGE, KASARAGOD TALUK,
P.O.PANATHDAI (VIA) RAJAPURAM.
ADDL.R6 RADHA, D/o MELOTH CHANDU NAIR,
MADAKALLU HOUSE, BANDADKA VILLAGE, KASARAGOD TALUK,
P.O.PANATHDAI (VIA) RAJAPURAM.
(RESPONDENTS 5 AND 6 ARE ADDED AT THE RISK OF THE
APPELLANT AS PER ORDER DATED 14/3/13 IN CMP 2879/01)
ADDL.R7 BHARGAVI, W/o MELOTH NARAYANAN NAIR, PUTHALAM VEEDU,
PERUMBALA VILLAGE AND POST, KASARAGOD TALUK
ADDL.R8 BINDU, D/o MELOTH NARAYANAN NAIR, PUTHALAM VEEDU,
PERUMBALA VILLAGE AND POST, KASARAGOD TALUK
ADDL.R9 RAMAN, S/o MELOTH NARAYANAN NAIR, PUTHALAM VEEDU,
PERUMBALA VILLAGE AND POST, KASARAGOD TALUK
ADDL.R10 KAIRALI, D/o MELOTH NARAYANAN NAIR, PUTHALAM VEEDU,
PERUMBALA VILLAGE AND POST, KASARAGOD TALUK
(LEGAL REPRESENTATIVES OF DECEASED 2nd APPELLANT ARE
IMPLEADED AS ADDITIONAL R7 TO R10 AS PER ORDER DATED
14.03.2013 IN I.A.4178/09)
ADDL.R11 RADHA, W/o MELOTH PURUSHOTHAMAN NAIR, AGED 80 YEARS,
MALIYAKKAL HOUSE, POST KANATHUR- 671 542
ADDL.R12 CHIDANANDAN, S/o MELOTH PURUSHOTHAMAN NAIR,
AGED 59 YEARS, MALIYAKKAL HOUSE, POST KANATHUR- 671 542
ADDL.R13 SOBHA, D/o MELOTH PURUSHOTHAMAN NAIR, AGED 57 YEARS,
MALIYAKKAL HOUSE, POST KANATHUR- 671 542
ADDL.R14 BHANUMATHI, D/o MELOTH PURUSHOTHAMAN NAIR, AGED 50 YEARS,
MALIYAKKAL HOUSE, POST KANATHUR- 671 542
(ADDITIONAL RESPONDENTS 11 TO 14 ARE IMPLEADED TO
REPRESENT R2 AS PER ORDER DATED 28.09.2021 IN IA 1/2019)
A.S.No.857 of 1997 4
BY ADVS. SRI.KODOTH PUSHPARAJAN
SRI.M.KRISHNAKUMAR
SMT.PRABHA R.MENON
THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 19.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.S.No.857 of 1997 5
JUDGMENT
At the final decree stage, some of the properties were
found not in possession of parties to the suit, more
specifically, item Nos.5, 8, 10 and 11 of 'A' schedule.
Further, 40 cents in R.Sy.No.938/2 is not an item which is
included in the plaint schedule/decree schedule. By
excluding the abovesaid properties, a final decree was
passed dividing the property by metes and bounds in
accordance with the preliminary decree.
In so far as item No.5 property is concerned, a third
party has obtained pattayam. The 57 cents in item No.8 of
'A' schedule was found to be in possession of one Krishnan
Nair, who is not a party to the suit. Item Nos. 10 and 11
properties have been excluded based on documents of
alienation. As such, the remedy available with the
plaintiff is to go for a suit for a declaration of her
alleged right over the property and other reliefs.
Reserving the right, the present appeal is hereby
dismissed. No costs.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
