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V.Sumathy vs V.Sreenivasan

V.Sumathy vs V.Sreenivasan

Type Court Judgment Court Kerala Decided Oct 29, 2019
~3 min read
https://sooperkanoon.com/case/1919078

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
RSA/105/2007

Parties & Advocates

Appellant / Petitioner

V.Sumathy

Respondent

V.Sreenivasan

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan tuesday, the 29th day of october 2019 / 7th karthika, 1941 rsa.no.105 of 2007 against the judgment and decree dated 31-03-2006 in as 129/2003 of iii additional sub court, kozhikode against the judgment and decree dated 16-07-2002 in os 509/1999 of principal munsiff court-i, kozhikode-i appellants/appellants/plaintiff & defendants 3,4 & 6:1 v.sumathy, 55 years, w/o harshan, valliyaparambath house, p.o.vengeri vengeri village, 2 v.lakshmi, 45 years, d/o.ramani vydiar, valliyaparambath house, p o vengeri vengeri village, kozhikode taluk. 3 v.prasanna, 43 years, d/o.late v.vasudevan of do. do. 4 v.vilama, 30 years, d/o.late v.vasudevan (1st defendant in the os), palunniyil house, po. merikkunnu, chevayur amsom, desom, kozhikode taluk. by advs. sri.t.sethumadhavan (sr.) sri.k.jayesh mohankumar sri.pushparajan kodothrespondents/respondents/defendants 2,5 & 7: 1 v.sreenivasan, 52 years, s/o.raman vydiyar, p.o.vengeri, vengeri village, *2 v.unni, s/o. raman vydiyar, not known since 1981 presumed to be dead in law. (deleted) the name of the 2nd respondent is deleted from the party array at the risk of the appellants dated 22.03.2018 in i.a.1043/2018 rsa.no.105 of 2007 2 3 g.sunanda, 55 years, w/o.deceased v.vasudevan, (1st defendant in os), valliyaparambath house, vengeri post, vengeri amsom desom of kozhikode taluk. r1 by adv. sri.m.krishnakumar r1 by adv. smt.prabha r.menon this regular second appeal having been finally heard on 29.10.2019, the court on the same day delivered the following: rsa.no.105 of 2007 3judgmentthe plaintiff came up with this appeal after suffering two decrees from the first appellate court and the trial court in respect of item no.1 property.2. a preliminary decree for partition wasgranted in respect of item nos.2 and 3 properties, for which no dispute was raised. the subject matter of the appeal is the decree of both the courts below in so far as the

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 RSA.No.105 OF 2007 AGAINST THE JUDGMENT AND DECREE DATED 31-03-2006 IN AS 129/2003 OF III ADDITIONAL SUB COURT, KOZHIKODE AGAINST THE JUDGMENT AND DECREE DATED 16-07-2002 IN OS 509/1999 OF PRINCIPAL MUNSIFF COURT-I, KOZHIKODE-I APPELLANTS/APPELLANTS/PLAINTIFF & DEFENDANTS 3,4 & 6:

1 V.SUMATHY, 55 YEARS, W/O HARSHAN, VALLIYAPARAMBATH HOUSE, P.O.VENGERI VENGERI VILLAGE, 2 V.LAKSHMI, 45 YEARS, D/O.RAMANI VYDIAR, VALLIYAPARAMBATH HOUSE, P O VENGERI VENGERI VILLAGE, KOZHIKODE TALUK. 3 V.PRASANNA, 43 YEARS, D/O.LATE V.VASUDEVAN OF DO. DO. 4 V.VILAMA, 30 YEARS, D/O.LATE V.VASUDEVAN (1ST DEFENDANT IN THE OS), PALUNNIYIL HOUSE, PO. MERIKKUNNU, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH

RESPONDENTS/RESPONDENTS/DEFENDANTS 2,5 & 7: 1 V.SREENIVASAN, 52 YEARS, S/O.RAMAN VYDIYAR, P.O.VENGERI, VENGERI VILLAGE, *2 V.UNNI, S/O. RAMAN VYDIYAR, NOT KNOWN SINCE 1981 PRESUMED TO BE DEAD IN LAW. (DELETED) THE NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS DATED 22.03.2018 IN I.A.1043/2018 RSA.No.105 OF 2007 2 3 G.SUNANDA, 55 YEARS, W/O.DECEASED V.VASUDEVAN, (1ST DEFENDANT IN OS), VALLIYAPARAMBATH HOUSE, VENGERI POST, VENGERI AMSOM DESOM OF KOZHIKODE TALUK. R1 BY ADV. SRI.M.KRISHNAKUMAR R1 BY ADV. SMT.PRABHA R.MENON THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA.No.105 OF 2007 3

JUDGMENT

The plaintiff came up with this appeal after suffering two decrees from the First Appellate Court and the Trial Court in respect of item No.1 property.

2. A preliminary decree for partition was

granted in respect of item Nos.2 and 3 properties, for which no dispute was raised. The subject matter of the appeal is the decree of both the courts below in so far as the item No.1 property. Item No.1 property was subjected to a mortgage of the year 1956 under Ext.A3 to the wife of Raman Vydiar, the father of the plaintiff. The period enumerated in the document is 12 years. Since the document relates to 1956, it would stand as barred by limitation on expiry of the period available for redemption 42 years (12+30=42) already expired by the year 1998 and the present suit was filed in the year 1999. So the property became un RSA.No.105 OF 2007 4 redeemable due to lapse of time. Hence, there cannot be any scope for passing a decree of equity of redemption over the property. No other substantial question of law brought to the notice of this court. The appeal fails. Dismissed but without costs.

Sd/- P.SOMARAJAN JUDGE msp //TRUE COPY// P.A. TO JUDGE

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