Kerala High Court
A.Bhaskara Varma Raja vs Alangad Savithiri on 16 June, 2025
RFA. No.873/2015
1
2025:KER:42540
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
RFA NO. 873 OF 2015
AGAINST THE JUDGMENT DATED 20.7.2015 IN OS NO.24 OF
2013 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANT/DEFENDANT NO.11:
1 A.BHASKARA VARMA RAJA [DIED]
AGED 79 YEARS
S/O ALANGAD AMMINI BAI THAMPURATTY,
LIVING AT WESTERN PALACE, EAST DESOM,
DESOM.P.O, ALUVA-683 013
ADDL.A2 KUTTY THAMPATTY
W/O. LATE A. BHASKARA VARMA RAJA,
AGED 84 YEARS RAJADHANI, MANKAV PALACE,
MANKAV POST -673 007, VALAYANAD VILLAGE
KOZHIKODE TALUK, KOZHIKODE DISTRICT
ADDL.A3 JAYASREE P.C
W/O. S.P VISWANATHAN AGED 55 YEARS,
RAJADHANI, MANKAV PALACE MANKAV POST-673007,
VALAYANAD VILLAGE KOZHIKODE TALUK,
KOZHIKODE DISTRICT.
ADDL.A4 SREEKALA P.C
D/O. LATE A. BHASKARA VARMA RAJA,
AGED 52 YEARS RAJADHANI, MANKAV PALACE,
MANKAV POST - 673 007, VALAYANAD VILLAGE
KOZHIKODE TALUK, KOZHIKODE DISTRICT.
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ADDL.A5 SREEVIDHYA P.C
D/O. LATE A. BHASKARA VARMA RAJA,
AGED 50 YEARS RAJADHANI, MANKAV PALACE,
MANKAV POST - 673 007, VALAYANAD VILLAGE,
KOZHIKODE TALUK, KOZHIKODE DISTRICT.
ADDL.A6 SREESUDHA P.C
D/O. LATE A. BHASKARA VARMA RAJA,
AGED 49 YEARS RAJADHANI, MANKAV PALACE,
MANKAV POST - 673 007, VALAYANAD VILLAGE,
KOZHIKODE TALUK, KOZHIKODE DISTRICT
[ADDL. A2 TO A6 ARE IMPLELADED AS THE LEGAL HEIRS
OF THE DECCEASED SOLE APPELLANT VIDE ORDER DATED
9.11.2023 IN I.A No.1/2023]
BY ADVS.
SHRI.O.RAMACHANDRAN NAMBIAR
SRI.GEEN T.MATHEW
SRI.BABU SHANKAR
SRI.K.S.GOPI
RESPONDENTS/PLAINTIFFS/DEFENDANTS 1 TO 10 AND 12 TO 39:
1 ALANGAD SAVITHIRI
D/O SARASWATHI BAI THAMPURATTY,
LIVING AT KARUNYA, LAKKIDI, PALAKKAD-679 301
2 ALANFAD JANARDANAN
S/O SARASWATHI BAI THAMPURATTY, LIVING AT
AISHWARYA, THAMARANKULANGARA, NORTH FORT
GATE,TRIPPUNITHURA, ERNAKULAM-682 301
3 ALANGAD NARENDARAN
S/O KOCHU AMMU THAMPURATTY,
LIVES IN "POORNA" AISWARYA LANE,
KALLEMPADAM, NILAMBUR,
MALAPPURAM-679 329
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4 A. CHNADRAMATHI THAMPURATTY
D/O KOCHU AMMU THAMPURATTY,LIVING AT
'MANGALAM' 3/658/C4, L.N., PURAM,
C.N. PURAM. PO, PALAKKAD-678 005
5 LALITHA BAI THAMBURATTY
D/O ALANGAD AMMINI THAMPURATTAY,
LIVING AT 81, SUPEREME ENCLAVE,
MAYUR VIHAR PHASE 1, NEW DELHI-110091
6 RADHA BAI THAMPURATTY
D/O ALAMGAD THANKAM BAI THAMPURATTY,
LIVING AT KINAVUR KOVILAKAM, NEAR THALI TEMPLE,
NELESWARAM, KASARGOD DISTRICT-671314
7 A. RAGHUNATH
S/O ALANGAD LALITHA BAI THAMBURATTY,
LIVING AT 81, SUPEREME ENCLAVE,
MAYUR VIHAR PHASE 1, NEW DELHI-110091
8 A. SREEKUMAR
S/O LALITHA BAI THAMBURATTY, LIVING AT 161,
WOODLAND AVENUE SUMMIT, NEW JERSEY-07901,
UNITED STATE OF AMERICA
9 A. JAYADEV
S/O ALANGAD LALITHA BAI THAMBURATTY,
LIVING AT 5135, HEATHERLEIGH AVENUE,
MISSISSAUGA,ONTARIO-L5V1M7, CANADA
10 A. SUSEELA THAMPURATTY
D/O ALANGAD SARASWATHI BAI THAMPURATTY,
LIVING AT SHREYAS' THAMARAKULANGARA,
THRIPUNITHURA, ERNAKULAM-682 301
11 A. JAYASREE THAMPURATTY
D/O ALANGAD SARASWATHI BAI THAMPURATTY,
LIVING AT 31B, GAYATHRI APARTMENTS,
ROHINI, NEW DELHI-110085
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12 A. SEEMA RAJA
D/O ALANGAD SAVITHRI, LIVING AT KARUNYA,
LAKKIDI, PALAKKAD-679 301
13 A. SUBHA RAJA
D/O ALANGAD SAVITHRI, LIVING AT
APARTMENT NO. 2C,SKYLINE MAPLE HEIGHTS,
CHALAKUZHI ROAD,PATTOM, TRIVANDRUM-695 004
14 P. RUGMINI THAMPURATTY
W/O ALANGAD UDYA VARMA RAJA,
LIVING AT MANNARMALA HOUSE,
MANJERI KOVILAKAM, MANJERI- 676 121
15 P. USHA NEDUNGADI
D/O UDAYA VARMA RAJA, LIVING AT A-20,
VRINDAVAN COLONY, CHEVAYUR. CALICUT-673 017
16 P. SHYLAJA PRASADAM
D/O UDAYA VARMA RAJA, LIVING AT 324,
CARMELL DRIVE PITTSBURGH PA15241,
UNNITED STATE OF AMERICA.
17 P. SANTHOSH RAJA
S/O ALANGAD UDAYA VARMA RAJA,
LIVING AT MANNARMALA HOUSE,
MANJERI KOVILAKAM, MANJERI-676 121
18 VIMALAKUMARI THAMPATTY
W/O ALANGAD ADITHYA VARMA RAJA, LIVING AT
SIVADAM, RAJBHAVAN COMPLEX, BRAHMADATTAN ROAD,
CHERPLASSERY, PALAKKAD-679 503
19 RAJESH VARMA
S/O ALANGAD ADITHYA VARMA RAJA, LIVING AT
SREE RAGAM, KORATTY EAST, TRICHUR-680 308
20 DEEPTHI THAMPURATTY
D/O ALANGAD ADITHYA VARMA RAJA,
LIVING AT 620, LOLITHA GARDENS, UNIT 611,
MISSISSAUGA,ONTARIO-L5A3K7, CANADA
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21 K.C. SREEDEVI PANDALAI
D/O ALANGAD RAVI VARMA RAJA, LIVING AT
FLAT NO. F1 PLOT NO. 22, SAVITHRI,
NATARAJANSTREET, GOLDEN GEORGE NAGAR,
MOGAPAIR, CHENNAI-107
22 K.S. SAKTHA RAJA
S/O ALANGAD RAVI VARMA RAJA, LIVING AT
SREERAGAM, ANATHAPURAM PALACE. PO,
KUMARAPURAM, HARIPAD-690548
23 K.C. GEETHA MOHANAKRISHNAN
D/O ALANGAD RAVI VARMA RAJA, LIVING AT
19/123, VETTATH HOUSE, THALI, PUTHIYA PALAM
ROAD,CHALAPPURAM.PO, KOZHIKODE-673 002
24 KUTTIMBATTI THAMPURATTY
W/O ALANGAD RAVI VARMA RAJA,
LIVING AT F-1,M.R.G. SAMYUKTA APARTMENTS,
NETAJI ROAD, POOTHOLE, THRISSUR.
25 K.C. RAJENDREAN
S/O ALANGAD RAJA VARMA RAJA, LIVING AT
NO.7,GAJALAKSMI NAGAR, 1ST MAIN ROAD,
CROMPET, CHENNAI-400044
26 K.C. VALSALA
D/O ALANGAD RAJA VARMA RAJA, LIVING AT
FLATNO. 305, PRAKRITI ENCLAVE, NO. 10,
6TH MAIN NEW TIPPA SANDRA, BANGLORE- 560075
27 K.C. PADMAJA
D/O ALANGAD RAJA VARMA RAJA,
LIVING AT VADAKKE KOVILAKAM,
KANJOOR PO, (VIA) KALADY, ERNAKULAM-683 575
28 SREEKRISHNAN RAJA
S/O ALANGAD RAJA VARMA RAJA, LIVING AT
KANJIKODEFACTORY COMPLEX, ARYA VIDYAQ SALA,
KANJIKODE,PALAKKAD-678 621
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29 K.C. GIRIJA THAMPURATTY
D/O ALANGAD RAJA VARMA RAJA, LIVING AT F1,
M.R.G.SAMYUKTA APARTMENTS, NETAJI ROAD,
POOTHOLE.PO,THRISSUR DISTRICT, KERALA STATE-680002
0 P.C. VIJAYAKUMARI
W/O ALANGAD RAGHAVA VARMA RAJA, LIVING AT
SUBRAMANAYA TEMPLE, MANKAV KOVILAKAM,
MANKAV.PO, CALICUT 673 007
31 P.C. SHYAMA
D.O ALANGAD RAGHAVA VARMA RAJA, LIVING AT
MANKAV KOVILAKAM, MANKAVU PO, CALICUT-673 007
32 KUNJANUJAN JAGADEESH
S/O ALANGAD RATNAM BAI THAMPURATTY,
LIVING AT T.C. NO 19/1110 PUTHUSSERY VEEDU,
HOUSE NO. 28.KAMARAJ NAGAR, POOJAPURA.PO,
TRIVANDRUM DIST-PIN-695 012
33 KUNJANURAN DINESH
S/O ALANGAD RATNAM BAI THAMPURATTY,
LIVING AT WESTERN PALACE, EAST DESM,
DESOM PO, ALUVA-683003
34 VILASINI M. MENON
W/O LATE V.K. MUKUNDAN MENON, LIVING AT
707, B, WING GOLDEN RAYS, RAHEJA VIHAR,
CHANDIVALI, ANDHERI EAST, MUMBAI-400072
35 HARISH MENON
S/O V.K. MUKUNDAN MENON, LIVING AT 707, B,
WINGGOLDEN RAYS, RAHEJA VIHAR, CHANDIVALI,
ANDHERI EAST, MUMBAI-400072
36 SATHISH MENON
S/O V.K. MUKUNDAN MENON, LIVING AT
707, B, WING GOLDEN RAYS, RAHEJA VIHAR,
CHANDIVALI, ANDHERI EAST, MUMBAI-400072
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37 V.K. THANKAM BHASKARAN
D/O ALANGAD RAMA VARMA RAJA, LIVING AT
KURUPPATH,GREEN GARDEN, KOTTAPPURAM ROAD,
THRISSUR-680 002
38 V.S. SATHI
D/O ALANGAD RAMA VARMA RAJA, LIVING AT
84,ACHUTHANAND, ANADANAD NAGAR, COLONY,
KHAIRATABAD, HYDERABAD-500004
39 V.K. SASIDHARAN
S/O ALANGAD RAMA VARMA RAJA, LIVING AT
RAJVIHAR, THOTTAKKAT ROAD, ERNAKULAM-682 011
40 V.K. RAJESWARI
D/O ALANGAD RAMA VARMA RAJA, LIVING AT
RAJVIHAR, THOTTAKKAT ROAD, ERNAKULAM-682 011
41 V.K.RAMADAS
S/O ALANGAD RAMA VARMA RAJA, LIVING AT FFE,
GOPURAM, LEKHA APARTMENTS, TRIPPUNITHURA,
KOCHI-682 301
BY ADVS.
SHRI.BIJU ABRAHAM -R1 TO R4, R11,15 & 34 to 36
SRI.B.G.BHASKAR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RFA. No.873/2015
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JUDGMENT
Dated this the 16th day of June, 2025 Both sides present. Learned counsel submitted that the matter has been settled and compromise filed (I.A. 1/2024) is accepted. Appeal disposed of as per the terms of compromise. Compromise and the plan attached to page No.18 of the compromise will form part of the judgment.
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
RFA. No.873/2015 92025:KER:42540 APPENDIX OF RFA 873/2015 PETITIONERS' ANNEXURES Annexure A1 STATEMENT ALONG WITH THE PLAN EXECUTED BY THE 2 ND APPELLANT KUTTY THAMPATTY DATED 23.09.2024 Annexure A2 STATEMENT ALONG WITH THE PLAN EXECUTED BY THE 3 RD APPELLANT JAYASREE P.C DATED 23.09.2024 Annexure A3 STATEMENT ALONG WITH THE PLAN EXECUTED BY THE 4 TH APPELLANT SREEKALA P.C DATED 23.09.2024 Annexure A4 STATEMENT ALONG WITH THE PLAN EXECUTED BY THE 5 TH APPELLANT SREEVIDHYA P.C DATED 23.09.2024 Annexure A5 STATEMENT ALONG WITH THE PLAN EXECUTED BY THE 6 TH APPELLANT SREESUDHA P.C DATED 23.09.2024 RESPONDENTS' ANNEXURES Annexure R1 STATEMENT OF THE 1ST RESPONDENT TO THE APPEAL (1ST PETITIONER HEREIN) DATED 03- 08-2024 WITH ATTACHED PLAN Annexure R2 STATEMENT OF THE 2ND RESPONDENT TO THE APPEAL (2ND PETITIONER HEREIN) DATED 10- 09-2024 WITH ATTACHED PLAN Annexure R3 STATEMENT OF THE 3RD RESPONDENT TO THE APPEAL ( 3RD PETITIONER HEREIN) DATED 25- 07-2024 WITH ATTACHED PLAN Annexure R4 STATEMENT OF THE 4TH RESPONDENT TO THE APPEAL (7TH RESPONDENT IN THIS APPLICATION) DATED 27-07-2024 WITH ATTACHED PLAN Annexure R5 STATEMENT OF THE 5TH RESPONDENT TO THE APPEAL (8TH RESPONDENT IN THIS APPLICATION) DATED 09-08-2024 WITH ATTACHED PLAN RFA. No.873/2015 10 2025:KER:42540 Annexure R6 STATEMENT OF THE 6TH RESPONDENT TO THE APPEAL (9TH RESPONDENT IN THIS APPLICATION) DATED 09-08-2024 WITH ATTACHED PLAN Annexure R7 STATEMENT OF THE 7TH RESPONDENT TO THE APPEAL (10TH RESPONDENT IN THIS APPLICATION) DATED 09-08-2024 WITH ATTACHED PLAN Annexure R8 STATEMENT OF THE 8TH RESPONDENT TO THE APPEAL (11TH RESPONDENT IN THIS APPLICATION) DATED 08-08-2024 WITH ATTACHED PLAN Annexure R9 STATEMENT OF THE 9TH RESPONDENT TO THE APPEAL (12TH RESPONDENT IN THIS APPLICATION) DATED 08-08-2024 WITH ATTACHED PLAN Annexure R10 STATEMENT OF THE 10TH RESPONDENT TO THE APPEAL (13TH RESPONDENT IN THIS APPLICATION) DATED 08-08-2024 WITH ATTACHED PLAN Annexure R11 STATEMENT OF THE HUSBAND OF THE DECEASED 11TH RESPONDENT TO THE APPEAL (SRI. KUTHIRAVETTATHU COVILAKAM DAMODARAN THAMPAN) DATED 07-08-2024 WITH ATTACHED PLAN Annexure R11(a) STATEMENT OF THE DAUGHTER OF THE DECEASED 11TH RESPONDENT TO THE APPEAL (SWATI THAMPAN) DATED 07-08-2024 WITH ATTACHED PLAN Annexure R11(b) STATEMENT OF THE DAUGHTER OF THE DECEASED 11TH RESPONDENT TO THE APPEAL (SHWETA THAMPAN) DATED 07-08-2024 WITH ATTACHED PLAN Annexure R12 STATEMENT OF THE 12TH RESPONDENT TO THE APPEAL (15TH RESPONDENT IN THIS APPLICATION) DATED 03-08-2024 WITH ATTACHED PLAN Annexure R13 STATEMENT OF THE 13TH RESPONDENT TO THE APPEAL (16TH RESPONDENT IN THIS APPLICATION) DATED 04-07-2024 WITH ATTACHED PLAN RFA. No.873/2015 11 2025:KER:42540 Annexure R14 STATEMENT OF THE 14TH RESPONDENT TO THE APPEAL (17TH RESPONDENT IN THIS APPLICATION) DATED 02-08-2024 WITH ATTACHED PLAN Annexure R15 STATEMENT OF THE 15TH RESPONDENT TO THE APPEAL (18TH RESPONDENT IN THIS APPLICATION) DATED 02-08-2024 WITH ATTACHED PLAN Annexure R16 STATEMENT OF THE 16TH RESPONDENT TO THE APPEAL (19TH RESPONDENT IN THIS APPLICATION) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R17 STATEMENT OF THE 17TH RESPONDENT TO THE APPEAL (20TH RESPONDENT IN THIS APPLICATION) DATED 11-09-2024 WITH ATTACHED PLAN Annexure R18 STATEMENT OF THE 18TH RESPONDENT TO THE APPEAL (21ST RESPONDENT IN THIS APPLICATION) DATED 28-09-2024 WITH ATTACHED PLAN Annexure R19 STATEMENT OF THE WIFE OF THE DECEASED 19TH RESPONDENT TO THE APPEAL (SMT. SREEJA VARMA G) DATED 12-09-2024 WITH ATTACHED PLAN Annexure R19(a) STATEMENT OF THE SON OF THE DECEASED 19TH RESPONDENT TO THE APPEAL (SREERAJ VARMA R) DATED 12-09-2024 WITH ATTACHED PLAN Annexure R19(b) STATEMENT OF THE DAUGHTER OF THE DECEASED 19TH RESPONDENT TO THE APPEAL (SREERANJINI VARMA R [MINOR] THROUGH HER MOTHER AND NATURAL GUARDIAN) DATED 12-09- 2024 WITH ATTACHED PLAN Annexure R20 STATEMENT OF THE 20TH RESPONDENT TO THE APPEAL (23RD RESPONDENT IN THIS APPLICATION) DATED 28-09-2024 WITH ATTACHED PLAN Annexure R21 STATEMENT OF THE 21ST RESPONDENT TO THE APPEAL (24TH RESPONDENT IN THIS APPLICATION) DATED 28-09-2024 WITH ATTACHED PLAN RFA. No.873/2015 12 2025:KER:42540 Annexure R22 STATEMENT OF THE 22ND RESPONDENT TO THE APPEAL (25TH RESPONDENT IN THIS APPLICATION) DATED 01-08-2024 WITH ATTACHED PLAN Annexure R23 STATEMENT OF THE 23RD RESPONDENT TO THE APPEAL (26TH RESPONDENT IN THIS APPLICATION) DATED 02-09-2024 WITH ATTACHED PLAN Annexure R24 STATEMENT OF THE WIFE OF THE DECEASED 25TH RESPONDENT TO THE APPEAL (SMT. C.K. SUJATHA VARMA) DATED 29-08-2024 WITH ATTACHED PLAN Annexure R25 STATEMENT OF THE SON OF THE DECEASED 25TH RESPONDENT TO THE APPEAL (SRI. C.K. ATHUL VARMA) DATED 29-08-2024 WITH ATTACHED PLAN Annexure R26 STATEMENT OF THE 26TH RESPONDENT TO THE APPEAL (29TH RESPONDENT IN THIS APPLICATION) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R27 STATEMENT OF THE 27TH RESPONDENT TO THE APPEAL (30TH RESPONDENT IN THIS APPLICATION) DATED 03-08-2024 WITH ATTACHED PLAN Annexure R28 STATEMENT OF THE 28TH RESPONDENT TO THE APPEAL (31ST RESPONDENT IN THIS APPLICATION) DATED 01-08-2024 WITH ATTACHED PLAN Annexure R29 STATEMENT OF THE 29TH RESPONDENT TO THE APPEAL (32ND RESPONDENT IN THIS APPLICATION) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R30 STATEMENT OF THE 30TH RESPONDENT TO THE APPEAL (33RD RESPONDENT IN THIS APPLICATION) DATED 23-09-2024 WITH ATTACHED PLAN Annexure R31 STATEMENT OF THE 31ST RESPONDENT TO THE APPEAL (34TH RESPONDENT IN THIS APPLICATION) DATED 23-09-2024 WITH ATTACHED PLAN RFA. No.873/2015 13 2025:KER:42540 Annexure R32 STATEMENT OF THE 32ND RESPONDENT TO THE APPEAL (35TH RESPONDENT IN THIS APPLICATION) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R33 STATEMENT OF THE 33RD RESPONDENT TO THE APPEAL (36TH RESPONDENT IN THIS APPLICATION) DATED 09-08-2024 WITH ATTACHED PLAN Annexure R34 STATEMENT OF THE 34TH RESPONDENT TO THE APPEAL (37TH RESPONDENT IN THIS APPLICATION) DATED 03-08-2024 WITH ATTACHED PLAN Annexure R35 STATEMENT OF THE 35TH RESPONDENT TO THE APPEAL (38TH RESPONDENT IN THIS APPLICATION) DATED 03-08-2024 WITH ATTACHED PLAN Annexure R36 STATEMENT OF THE 36TH RESPONDENT TO THE APPEAL (39TH RESPONDENT IN THIS APPLICATION) DATED 07-08-2024 WITH ATTACHED PLAN Annexure R37 STATEMENT OF THE DAUGHTER OF THE DECEASED 37TH RESPONDENT TO THE APPEAL (SMT. GEETHA VIJAYAKUMAR) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R38 STATEMENT OF THE 38TH RESPONDENT TO THE APPEAL (41ST RESPONDENT IN THIS APPLICATION) DATED 30-07-2024 WITH ATTACHED PLAN Annexure R39 STATEMENT OF THE WIFE OF THE DECEASED 39TH RESPONDENT TO THE APPEAL (SMT. LAKSHI PALLIYIL) DATED 05-08-2024 WITH ATTACHED PLAN Annexure R39(a) STATEMENT OF THE DAUGHTER OF THE DECEASED 39TH RESPONDENT TO THE APPEAL (SMT. P. JAYASREE) DATED 07-08-2024 WITH ATTACHED PLAN Annexure R40 STATEMENT OF THE HUSBAND OF THE DECEASED 40TH RESPONDENT TO THE APPEAL (SR. PARAMESWARAN PILLAI) DATED 22-08-2024 WITH ATTACHED PLAN RFA. No.873/2015 14 2025:KER:42540 Annexure R40(a) STATEMENT OF THE DAUGHTER OF THE DECEASED 40TH RESPONDENT TO THE APPEAL (SMT. LAKSHMI NAIR) DATED 22-08-2024 WITH ATTACHED PLAN Annexure R40(b) STATEMENT OF THE SON OF THE DECEASED 40TH RESPONDENT TO THE APPEAL (SRI AJITH NAIR) DATED 03-08-2024 WITH ATTACHED PLAN Annexure R41 STATEMENT OF THE 41ST RESPONDENT TO THE APPEAL (44TH RESPONDENT IN THIS APPLICATION) DATED 07-08-2024 WITH ATTACHED PLAN \t} BEFORE THE HIGH COURT OF KERALA AT ERNAKULAM R.F.A. 873 oF 2015 -H A. Bhaskara Varma Raja, |dead] And others Appellants Vs Alangadsavithri, and others Respondents Statement filed bv Savithri Raja Respondent No. 1
1. This appeal is filed against the preliminary decree in 0 S 24 of 2013 on the file of the Sub Court , Paravur allowing the partition of the plaint schedule property.
2. The original appellant who was the llth defendant in the suit died and his legal heirs have applied for being impleaded as supplemental appellants 2 to 6 in the appeal. I have no objections for the impleadiment.
3. The legal heirs of the original appellant, the surviving respondents and the legal heirs of the deceased respondents have made an out of court settlement regarding the partition of the plaint property and have arrived at the following settlement.
4. The plaint schedule property is to be divided into two plots, shown as Plots A and 8 as shown in the accompanying plan A Plot measuring 3.24Ares (8.006 cent) and 8 Plot at 37.38 Ares (92.365 cent) respectively; Plot A measuring 3.24 Ares (8.006 cent) is to be allotted to the share of the legal heirs of the original appellant; Plot 8 measuring 37.38 Ares(92.365) is to be allotted jointly to the living respondents and the legal heirs of `3avivift± ` •t \Jr :+iai:i j !!!!E \ed_ I £ . I .gr nANCBIAyltH tone',=.:#<zcaaa.4-.%ifeI:# i i -: -=E L=fi:A:i.-aOcO=.;a g",iiigi!gfffiofaa,L!<ca.
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the deceased respondents, to enable them to sell the same to outsiders.
5. This statement individually signed may be treated and considered as part of a joint statement by all parties to the appeal and the legal heirs of the deceased parties, with a prayer to this Court to pass a final decree in terms of the above compromise, without costs, at the earliest.The legal heirs of some of the respondents who passed away during the pendency of the appeal are also affixing their signatures to this joint statement to signify their acceptance of the terms of this compromise. As they are signing their acceptance of the aforesaid division, and joint allotment it is not necessary to implead them as parties in the appeal.
6. As the parties signing these statements are residing/working at different places, the statement is being signed by the respective parties at different locations, with their respective signatures being attested by the Notary Public of the concerned locality, on different dates.
7. Though the signatories are signing on different dates at different places, this statement for joint allotment will come into effect only on the date when the last signatory affixes histher signature and will be deemed to be dated on that last date.
Dated :03lo&)iDap signature : Scftyr` ife=al Savithri Raja ISHNA 7.
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