PARVATHAVALLI Vs. RAMANATHAN
LAWS(KER)-2022-10-292
HIGH COURT OF KERALA
Decided on October 25,2022

Parvathavalli Appellant
VERSUS
RAMANATHAN Respondents

JUDGEMENT

- (1.)R.S.A No.146 of 2006 arises from O.S No.458 of 1993. It is a suit for a declaration that Ext A2 = Ext B3 Settlement Deed executed by the plaintiff(father) in favour of his daughters(defendants) are not binding on the plaintiff and the plaint schedule property. Pending the suit, the original plaintiff(father) died. His son and daughter in law and his wife got impleaded as additional plaintiffs 2 to 4. Wife passed away pending the suit.
(2.)R.S.A No.201 of 2006 arises from O.S No.250 of 1995 filed by the daughters against their brother, for prohibitory injunction against interfering with their possession and enjoyment of the plaint schedule property.
(3.)The suits were jointly tried. O.S No.458 of 1993 was taken as the leading case. O.S No.458 of 1993 was decreed and O.S No.250 of 1995 was dismissed. The decree was confirmed in appeal. It is challenging the same that these Regular Second Appeals have been filed by the daughters-sisters. For the sake of convenience the parties are referred to according to their status in O.S.No.458 of 1993.


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