Kerala High Court
M.Subhadra vs Sreemad Anandasharmam Charitable ... on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 27th day of June 2024 / 6th Ashadha, 1946
RSA NO. 524 OF 2020
AS 105/2017 OF II ADDITIONAL DISTRICT COURT,THIRUVANANTHAPURAM
OS 1713/2009 OF II ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
APPELLANTS/RESPONDENTS 2 TO 5/DEFENDANTS 4 TO 7:
1. M.SUBHADRA, AGED 71 YEARS, D/O. MALATHI, RESIDING AT RAJBHAVAN,
NEERAVVI, PERUNADU P O, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT -
691601.
2. M. CHANDRALEKHA, AGED 69 YEARS, D/O. MALATHI, THENGILAZHIKATHU
VEEDU, KANGUVALLI P O, THRIKKARUVA, KOLLAM DISTRICT - 691602.
3. K.K. RAJENDRAN, AGED 64 YEARS, S/O.KUNJAN, THENGILAZHIKATHU VEEDU,
KANGUVALLI P O, THRIKKARUVA, KOLLAM DISTRICT - 691602.
4. K.UPENDRAN, AGED 67 YEARS S/O. KUNJAN, BEENA SADANAM, AMBALAKUNNU,
PERUNADU P.O, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT - 691601.
(THE NAME OF THE 1ST APPELLANT IS WRONGLY SHOWN AS SUBHARA INSTEAD OF
SUBHADRA)
BY ADVS.P.CHANDRASEKHAR,K.K.MOHAMED RAVUF,K.VIDYA,SATHEESH V.T.,
RESPONDENTS/APPELLANT & RESPONDENTS 6 TO 18/PLAINTIFFS AND DEFENDANTS 8 TO 14:
1. SREEMAD ANANDASHARMAM CHARITABLE SOCIETY, T.759/2009 REPRESENTED BY
ITS SECRETARY, S.A. PRASAD, RESIDING AT PRINCE BHAVAN, KOTTAPPURAM,
AMBALATHARA, THIRUVANANTHAPURAM, 695026.
2. SECRETARY, SREEMAD ANANDA ANANDASRAMAM CHARITABLE SOCIETY, T.
759/2009, REPRESENTED BY ITS SECRETARY S.A. PRASAD, RESIDING AT
PRINCE BHAVAN, KOTTAPURAM, AMBALATHARA, THIRUVANANTHAPURAM,-
695026.(DELETED)
3. SURENDRAN, AGED 67 YEARS, S/O. BHARGAVAN, RESIDING AT PRANAVAM
VEEDU, MITHRA NAGAR, AMBALATHARA, MUTTATHARA, THIRUVANANTHAPURAM -
695026.(DELETED)
4. SNDP YOGAM ,AMBALATHARA BRANCH, REPRESENTED B ITS PRESIDENT,
SURENDRAN, AGED 67 YEARS, S/O. BHARGAVAN, RESIDING AT PRANAVAM
VEEDU, MITHRA NAGAR, AMBALATHARA, MUTTATHARA, THIRUVANANTHAPURAM -
695026.(DELETED)
5. V. RAVEENDRAN, AGED 75 YEARS, S/O. VELUKUTTY, NILAV, VRA NO.105.
POONTHURA, THIRUVANANTHAPURAM, ACTING AS PRESIDENT, SNDP YOGAM,
AMBALATHARA BRANCH - 695026.(DELETED) (RESPONDENTS 2 TO 5 ARE
DELETED FROM PARTY ARRAY AT THE RISK OF APPELLANTS AS PER ORDER
DATED 06.02.2024 IN IA.NO.1/2021)
6. SNDP YOGAM, AMBALATHARA BRANCH, REPRESENTED BY ITS SECRETARY, SURESH
KUMAR, AGED 57 YEARS, S/O. SIVANANDAN, RESIDING AT SIVALAYAM, T.C.
46/36, AMBALATHARA, MUTTATHARA, THIRUVANANTHAPURAM - 695026.
7. REMA BHAI, AGED 71 YEARS, W/O. K. BALACHANDRAN, NALLAPOCHAYIL,
ERIKAVU PO , KARTHIKAPALLY, ALAPPUZHA -690516.
8. MANESH K.B., AGED 47 YEARS, S/O. BALACHANDRAN, NALLAPOCHAYIL,
ERIKAVU P O, KARTHIKAPALLY, ALAPPUZHA - 690516.
9. SOONIBAIJU, AGED 45 YEARS, D/O. REMA BHAI, KRISHNAMANGALAM,
KAITHAVANA, SANATHANAPURAM WARD, ALAPPUZHA - 688011.
10. AMBILI, AGED 54 YEARS, D/O. DROWPATHI, RESIDING AT VALIYAZHIKATHU,
PANTHRANDUMURI, THEJUS NAGAR, THATTAMALA P O, KOLLAM - 691020.
11. PADMAKUMARI, AGED 56 YEARS, D/O DROWPATHI, RESIDING AT
VALIYAZHIKATHU, PANTHRANDUMURI, THEJUS NAGAR, THATTAMALA P O, KOLLAM
- 691020.
12. SASANKAN, AGED 58 YEARS, S/O. SIVADASAN, KINARUVILA VEEDU,
NEERAVIL, PERINAD P O, KOLLAM - 691601.
13. SYAMLAL, AGED 49 YEARS, S/O. SIVADASAN, KINARUVILA VEEDU, NEERAVIL,
PERINAD P O, KOLLAM - 691601.
14. SREETHAMPAN, AGED 50 YEARS, RESIDING AT CHITHIRA, PRAKKULAM, KOLLAM
- 691602.
15. SREELATHA, AGED 55 YEARS, RESIDING AT VAYALILVEEDU,
KULANGARABHAGAM, CHAVARA PO, KOLLAM - 691583.
R1 BY ADVS.M/S.S.VINOD BHAT & ANAGHA LAKSHMY RAMAN, JIBU P THOMAS.
R6 BY ADVS.M/S.B.JAYASURYA & MINI V.A.
R7 TO R15 BY ADVS.SMT.K.VIDYA
This Regular second appeal having come up for orders on 27.06.2024,
the court on the same day passed the following:
C.S.SUDHA, J.
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R.S.A.No.524 of 2020
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Dated this the 27th day of June 2024
ORDER
The appeal is admitted on the following substantial questions of law:-
1) Did the first appellate court go wrong in allowing the appeal finding a public endowment of which the plaintiffs are the de facto trustees?
2) Did the first appellate court go wrong in finding the plaint schedule property to be debutter property?
3) Did the first appellate court go wrong in nullifying Exhibit B3 partition deed and Exhibit B7 gift deed in the absence of a prayer in the plaint?
2. Advocate Anagha Lakshmy Raman takes notice for R1. Respondent nos.2, 3, 4, and 5 have already been deleted form the party array. Issue notice to the respondent nos.6 to 15.
Call for the records.
For return of notice to 01/08/2024.
Sd/-
C.S.SUDHA
27-06-2024 /True Copy/
JUDGE Assistant Registrar
ak