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SARAMMA versus ROSY

High Court of Kerala

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SARAMMA v. ROSY - AS No. 285 of 2000(B) [2007] RD-KL 16659 (4 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS No. 285 of 2000(B)

1. SARAMMA
... Petitioner

Vs

1. ROSY
... Respondent

For Petitioner :SRI.K.G.BALASUBRAMANIAN

For Respondent : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice HARUN-UL-RASHID

Dated :04/09/2007

O R D E R

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

A.S.No.285 of 2000 Dated 4th September, 2007.

J U D G M E N T

Kurian Joseph, J.

This appeal arises from the preliminary decree and judgment in O.S.408/1988 on the file of the Subordinate Judge's Court, Irinjalakkuda. The appellant is the 7th defendant in the suit. She claimed that the property is not partible since the same is covered by the will executed by one Kochudevassy. In the judgment in M.F.A.No.1031/94 we have confirmed the findings of the court below that the appellant/plaintiff has failed to prove the execution of the will. Sri.Balasubramanian contended that the allotment of shares is not proper. But it is seen from the proceedings that there was no dispute regarding the statement filed on behalf of the counsel for the plaintiff on the allotment of shares. According to the appellant, it is only a bona fide AS NO.285/2000 2 mistake on the part of the appellant. If it is a matter of mistake, it is for the appellant to bring it to the notice of the trial court. There is no merit in the appeal. It is hence dismissed.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

A.S. NO.285 OF 2000

J U D G M E N T

Dated 4th September, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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