[Cites 1, Cited by 0]
Kerala High Court
Scariah vs Govindan Nair Krishnan Nair on 16 December, 2025
O.P.(C)No.1650/2014
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
OP(C) NO. 1650 OF 2014
AGAINST THE ORDER DATED 29.03.2014 IN I.A.NO.340/2014 IN
OS NO.179 OF 1982 OF PRINCIPAL MUNSIFF COURT , KOTTAYAM
PETITIONERS:
1 SCARIAH
AGED 59 YEARS
S/O.ULAHANNAN, KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
2 LILLYKUTTY MATHEW
KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
3 RINCYMOL MATHEW
KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
4 SINCYMOL MATHEW
KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
5 DINCYMOL MATHEW
KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
6 FILCYMOL MATHEW
KOMPARANIRAPPEL, ANICADU, KOTTAYAM.
BY ADV SRI.RAJEEV V.KURUP
RESPONDENTS:
1 GOVINDAN NAIR KRISHNAN NAIR
KOCHUMADOM, ANICADU, KOTTAYAM-686503.
2 GOVINDAN NAIR NARAYANAN NAIR
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KANIYIL HOUSE, ANICADU, KOTTAYAM-686503.
3 KOCHUPENNAMMA MEENAKSHI AMMA
MOOLE VADAKKATHIL PUZHAVATHU, CHANGANACHERRY,
KOTTAYAM-686101. (DIED)
(RESPONDENTS 19,20,21 AND 22 ARE RECORDED AS THE
LEGAL HEIRS OF THE DECEASED 3RD RESPONDENT VIDE ORDER
DATED 15/02/2019)
4 KOCHUPENNAMMA SUBHADRAMMA
KATTACHIRA HOUSE, ANICADU, KOTTAYAM-686503. (DIED)
5 KOCHUPENNAMMA SAVITHRI AMMA
ADUKANIYIL KATTACHIRA HOUSE, ANICADU-KOTTAYAM-686503.
6 GOPALAKRISHNAN NAIR
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
(EXPIRED)
(IT IS RECORDED THAT R6 HAD EXPIRED AND THAT HE IS
NOT HAVING ANY LEGAL HEIRS AS PER ORDER DATED
14/11/2014 IN MEMO DATED 11/11/2014 WITH
CF.NO.2930/2014)
7 RAMACHANDRAN NAIR
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
8 RAVEENDRAN NAIR
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
9 KAMALAKSHIAMMA GIRIJA
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
0 KAMALAKSHIAMMA INDIRA
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
11 KAMALAKSHIAMMA KALYANIAMMA
CHERUKULANGARA, PERUMBAIKKADU, KOTTAYAM-686028.
12 GOPALAKRISHNAN NAIR
PONGINAKUNNEL, ANICADU, KOTTAYAM-686503.
13 SANTHAKUMARAN NAIR
PONGINAKUNNEL, ANICADU, KOTTAYAM-686503.
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14 RAMACHANDRAN NAIR
PONGINAKUNNEL, ANICADU, KOTTAYAM-686503.
15 USHAKUMARI
PONGINAKUNNEL, ANICADU, KOTTAYAM-686503.
16 BHAGIRATHIAMMA
PONGINAKUNNEL, ANICADU, KOTTAYAM-686503 (DIED)
(RESPONDENTS 12 TO 15 ARE RECORDED AS THE ONLY LEGAL
REPRESENTATIVES OF THE DECEASED 16TH RESPONDENT VIDE
ORDER DATED 14/8/2019 IN MEMO DATED 26/6/2019)
17 ULAHANNAN
ELAPPUNKAL, PONGINAKUNNEL, ANICADU, KOTTAYAM-686503.
(EXPIRED)
(IT IS RECORDED THAT R17 HAD EXPIRED AND PETITIONERS
1 TO 6 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF
DECEASED R17 AS PER ORDER DATED 21/01/2015 IN MEMO
DATED 14/11/2014 WITH CF.NO.2986/2014)
18 SARASWATHIAMMA SARADAMMA
PURATHAKADIYIL, ANICADU, KOTTAYAM-686503. (EXPIRED)
19 K.M.CHANDRASEKHARAN NAIR
KANNUVELIL, VELLAMKULAM, THIRUVALLA-689541.
20 S.RADHAKRISHNAN NAIR
VANDANBHAVAN, KUNNUMBHAGOM, MANIMALA, KOTTAYAM-
686573.
21 K.K.THANKAMANIAMMA
MOOLE VADAKKATHIL PUZHAVATHU, CHANGANACHERRY,
KOTTAYAM-686103.
22 DEVIAMMA A.S.
MOOLE VADAKKATHIL PUZHAVATHU, CHANGANACHERRY,
KOTTAYAM-686103.
ADDL.R23 INDIRA DEVI
KATTACHIRA HOUSE, ANICKAD PO, KOTTAYAM-686503.
(ADDL.R23 IS IMPLEADED IN THE CAPACITY AS THE LEGAL
HEIR OF R4 AS PER ORDER DATED 21/01/2015 IN
IA.NO.15398/2014)
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ADDL.R24 INDIRA DEVI
HARISH BHAVANAM, ANICADU PO, KOTTAYAM-686503.
ADDL.R25 PUSHPAKUMARI
LEKSHMI SADANAM, KODUNGOOR PO, VAZHOOR,
KOTTAYAM-686504.
ADDL.R26 CHANDRASEKHARAN NAIR
PURATHITTAYIL HOUSE, ANICKADU PO, KOTTAYAM-686503.
(ADDL.R24 TO R26 ARE IMPLEADED AS THE LEGAL HEIRS OF
DECEASED R18 AS PER ORDER DATED 21/01/2015 IN
IA.NO.15673/2014)
BY ADVS.
SRI.GOKUL DAS V.V.H.
SHRI.S.RANJIT (K/250/1999)
THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 02.12.2025,
THE COURT ON 16.12.2025 DELIVERED THE FOLLOWING:
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P. KRISHNA KUMAR, J.
= = = = = = = = = = = = = = = = = =
O.P.(C)No.1650 OF 2014
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Dated this the 16th day of December, 2025
JUDGMENT
In a suit for partition, one Ulahannan was arrayed as
the 17th defendant. Upon his death, the original plaintiff
impleaded the present petitioners as additional respondents
Nos.19 and 20 (counter-petitioners) in the supplementary
preliminary decree proceedings. The petitioners contended
that they had purchased plaint item Nos.2 and 3 properties
as early as in the year 1980, i.e., prior to the
institution of the suit, and therefore sought permission to
contest the proceedings in their individual capacity, and
not merely as the legal representatives of the deceased
17th defendant. By the order impugned in these proceedings,
the learned Principal Munsiff, Kottayam rejected their
application.
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2. Heard the learned counsel appearing for the
petitioners and the learned counsel appearing for
additional respondent No.23, who is a legal heir of the
original plaintiff.
3. In the impugned order, the learned Munsiff observed
that when the preliminary decree was passed on 21.12.1983,
it was held that Saraswathiamma, the original plaintiff,
was entitled to a 1/48 share in item Nos.2 and 3
properties, and that acceptance of the petitioners' request
would amount to reopening the preliminary decree.
4. However, the learned counsel appearing for the
petitioners contended that since they had acquired absolute
right over item Nos.2 and 3 properties under registered
sale deed No.3069/1980, their rights could not be defeated
merely by the passing of a preliminary decree against
Ulahannan, who had no right, title, or interest in the said
properties. It was further urged that when a partition suit
is instituted against a total stranger having no right over
the property, the legal heirs of such a person, even if
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impleaded subsequently, cannot be denied the right to
contest the proceedings on the merits of their independent
title, if any, by resorting to procedural constraints.
5. During the course of hearing, the learned counsel
appearing for additional respondent No.23 submitted that
the said respondent is willing to continue her claim to
plaint item No.1, instead of what was declared in the
preliminary decree.
6. The legal issue arising in the case could also be
viewed from another perspective. When the petitioners are
impleaded as the legal representatives of Ulahannan, would
they not be bound by the decree only to the extent it would
have bound Ulahannan had he been alive, and not insofar as
it affects their independent rights? In other words, in a
suit for partition of immovable property, where the
question of absolute title claimed by the petitioners in
their individual capacity was never raised or adjudicated,
can it be said that the final determination in such a suit
would necessarily affect their independent title? This
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assumes significance because an additionally impleaded
legal representative cannot, in law, raise any claim beyond
what could have been raised by the predecessor-in-interest.
7. Be that as it may, in view of the factual concession
made by the learned counsel for additional respondent
No.23, the original petition can be disposed of without
entering into a detailed adjudication of these questions.
Therefore, the original petition is disposed of as
follows:
The learned Munsiff is directed, as far as possible,
to confine the rights of the original plaintiff to
plaint item No.1, instead of item Nos.2 and 3, while
passing the final decree in the suit or in any
supplementary proceedings arising therefrom.
It is further clarified that if the petitioners have
any independent right to institute a suit or initiate
other proceedings for protection of their individual
interests, nothing contained in the impugned order or
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in this order shall stand in their way.
Sd/-
P. KRISHNA KUMAR
JUDGE
sv
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APPENDIX OF OP(C) NO. 1650 OF 2014
PETITIONER EXHIBITS
EXHIBIT-P1: PETITION FILED UNDER ORDER 22
RULE 4 DATED 28/7/2006.
EXHIBIT-P2: OBJECTION FILED BY THE
PETITIONER BEFORE THE MUNSIFF COURT.
EXHIBIT-P3: PETITION FILED UNDER SECTION
151 AND ORDER 20 RULE 18 OF C.P.C. DATED
7/4/2014.
EXHIBIT-P4: COPY OBJECTION DATED 31/8/2013.
EXHIBIT-P5: COPY OF THE PETITION DATED
3/2/2014.
EXHIBIT-P6: COPY OF THE ORDER DATED
29/3/2014 IN IA 340/2014 IN OS 179/1982 OF
THE MUNSIFF, KOTTAYAM.
