Kerala High Court
Joseph John. C vs Padmavathy on 4 February, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
RFA.No.39 OF 2020
AGAINST THE JUDGMENT AND FINAL DECREE DATED 29.08.2018 IN FDA
NO.1208 OF 1999 IN O.S.NO.58/1997 OF SUB COURT,KOCHI
APPELLANTS:
1 JOSEPH JOHN. C,
AGED 62 YEARS
S/O. THE LATE LAWRENCE JOHN, CHANAYIL HOUSE, E.S.I
ROAD, PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI
TALUK, ERNAKULAM DISTRICT, PIN - 682 006.
2 C.J. XAVIER,
AGED 70 YEARS
S/O. THE LATE LAWRENCE JOHN, CHANAYIL HOUSE, E.S.I
ROAD, PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI
TALUK, ERNAKULAM DISTRICT, PIN - 682 006.
3 MARY ALIAS VALSA,
AGED 71 YEARS
W/O. JACOB CHANAYIL,
CHANAYIL HOUSE, E.S.I ROAD, PALLURUTHY P.O.
RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT,
PIN - 682 006.
BY ADVS.
DR.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.M.M.VINOD
SMT.M.SUSEELA
SMT.ARYA BALACHANDRAN
SRI.SUDHAKARAN V.
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
RESPONDENTS:
1 PADMAVATHY,
AGED 70 YEARS
D/O. THE LATE KRISHNAN,
PALLIVATHUKKAL PARAMBU, VADAKKUMTHODAM LANE,
PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
RFA.No.39 OF 2020 2
2 RUKMANI,
AGED 79 YEARS
W/O. GOPALAN AND D/O. OF THE LATE KRISHNAN,
VAZHAVELIL, ERAMALLOOR P.O. EZHUPUNNA VILLAGE,
CHERTHALA, TALUK, ALAPPUZHA DISTRICT, PIN - 688
537.
3 MEENAKSHI,
AGED 76 YEARS
W/O. THE LATE RAMAN AND D/O. OF THE LATE KRISHNAN,
KAROTH PARAMBU, THEKKUMBHAGOM, THRIPPUNITHURA,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
301.
4 LAKSHMI,
AGED 77 YEARS
D/O. THE LATE MALLU, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
5 BALAN,
AGED 72 YEARS
S/O. THE LATE MALLU, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
6 CHANDRAMATHI,
AGED 63 YEARS
D/O. THE LATE MANNU, AND W/O. BHARGHAVAN PILLAI,
VIDYA MANDIR, AROOR P.O. AROOR VILLAGE, CHERTHALA
TALUK, ALAPPUZHA DISTRICT, PIN - 688 534.
7 VIJAYAN,
AGED 58 YEARS
S/O. THE LATE MALLU,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
8 SHAKUNTHALA,
AGED 60 YEARS
D/O. THE LATE MALLU AND W/O.BALAN K.R.,
KANNIPARAMBU. P.S. ROAD, KALOOR, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682 017.
9 REMA,
AGED 56 YEARS
D/O. THE LATE MALLU,
RFA.No.39 OF 2020 3
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY P.O. RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
10 MOHANAN,
AGED 58 YEARS
S/O. SAROJINI AND SHANMUGHAM, VELIPARAMBU,
KALAMUKKU, VYPIN, KOCHI TALUK, ERNAKULAM DISTRICT,
PIN - 682 510.
11 SIVAN,
AGED 51 YEARS
S/O. SAROJINI AND SHANMUGHAM,
VELIPARAMBU, KALAMUKKU, VYPIN, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 510.
12 KANNAN,
AGED 49 YEARS
S/O. SAROJINI AND SHANMUGHAM,
VELIPARAMBU, KALAMUKKU, VYPIN, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 510.
13 LAKSHMI BHAI,
AGED 79 YEARS
W/O. RAMAN AND D/O. THE LALTE LAKSHMANAN, KIZHAKKE
PARAMBU, VADAKKE KOTTA, THRIPPUNITHURA, ERNAKULAM
DISTRICT, PIN - 682 301.
14 MANIKKAM,
AGED 78 YEARS
D/O. THE LATE LAKSHMANAN AND W/O. THE LATE RAMAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
15 MEENAKSHI,
AGED 76 YEARS
D/O. THE LATE LAKSHMANAN AND W/O. THE LATE
GOVINDAN.,
KUTTIKATTU PARAMBU HOUSE, VADAKKE KOTTA,
THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682 301.
16 CHANDRAN,
AGED 65 YEARS
S/O. THE LATE SREENIVASAN, PERAI PARAMBU P.D. ROAD,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
17 MOHANAN,
AGED 62 YEARS
S/O. THE LATE SREENIVASAN, PALLIVATHUKKAL HOUSE,
RFA.No.39 OF 2020 4
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
18 SURESH,
AGED 57 YEARS
S/O. THE LATE SREENIVASAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
19 RAMESH,
AGED 54 YEARS
S/O. THE LATE SREENIVASAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
20 SUNIL,
AGED 49 YEARS
S/O. THE LATE SREENIVASAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
21 SASI,
AGED 41 YEARS
S/O. THE LATE SREENIVASAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
22 LEELA,
AGED 65 YEARS
D/O. THE LATE PADMANABHAN AND W/O. RAMAN GOVINDAN,
MADATHIL HOUSE, KADAMAKUDY, KANAYANUUR TALUK,
ERNAKULAM DISTRICT, PIN - 682 027.
23 SAROJA,
AGED 62 YEARS
D/O. THE LATE PADMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
24 RATNAM,
AGED 50 YEARS
D/O. THE LATE PADMANABHAN AND W/O. KRISHNAN.T.K.,
THUNDIPARAMBIL HOUSE, VISHNUPURAM, CHERANELLOOR,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
034.
RFA.No.39 OF 2020 5
25 GOPI,
AGED 51 YEARS
S/O. THE LATE PADMANABHAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
26 RAMACHANDRAN,
AGED 48 YEARS
S/O.THE LATE PADMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
27 USHA,
AGED 46 YEARS
D/O THE LATE PADMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
28 VASUDEVAN,
AGED 59 YEARS
S/O. THE LATE GOPALAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
29 RAVI,
AGED 54 YEARS
S/O. THE LATE GOPALAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
30 RAGHU,
AGED 48 YEARS
S/O. THE LATE GOPALAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
31 MANI,
AGED 46 YEARS
S/O. THE LATE GOPALAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
32 SHOBHA,
AGED 51 YEARS
RFA.No.39 OF 2020 6
D/O. THE LATE GOPALAN AND W/O.VENKETESH,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
33 RAJAN,
AGED 69 YEARS
S/O. THE LATE NARAYANAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT 682 006.
34 GIRIJA,
AGED 65 YEARS
D/O. THE LATE NARAYANAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
35 RADHA,
AGED 55 YEARS
D/O. THE LATE NARAYANAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
36 LALITHA,
AGED 58 YEARS
D/O. THE LATE NARAYANAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
37 SAVITHRI,
AGED 56 YEARS
D/O. THE LATE NARAYANAN AND W/O. SIVAN,
NIKARTHIL HOUSE, PALLI LANE, EDAKOCHI VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682 010.
38 KUMARI,
AGED 55 YEARS
D/O. THE LATE NARAYANAN AND W/O VENKETESH,
DEVASWOM PARAMBU, PALLURUTHY, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
39 NARAYANI NARAYANAN,
AGED 88 YEARS
D/O.NARAYANAN AND W/O. NARAYANAN, KUNNARA HOUSE,
EROOR P.O. THRIPUNITHURA, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682 306.
RFA.No.39 OF 2020 7
40 LAKSHMANAN,
AGED 98 YEARS
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
41 LAKSHMI,
AGED 58 YEARS
D/O. LAKSHMANAN,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
42 BABU,
AGED 55 YEARS
S/O. SUBHADRA,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
43 LEELA,
AGED 53 YEARS
D/O. LAKSHMANAN,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
44 RADHA,
AGED 48 YEARS
D/O. LAKSHMANAN,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
45 MAHESWARI,
AGED 51 YEARS
D/O. SUBHADRA,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
46 SUJATHA,
AGED 49 YEARS
D/O. SUBHADRA,
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
47 BHARATHI,
AGED 47 YEARS
D/O. SUBHADRA,
RFA.No.39 OF 2020 8
THAYATTU HOUSE, KADAMAKUDY,
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682
027.
48 SARASWATHI,
AGED 85 YEARS
D/O. NARAYANAN AND W/O. KRISHNAN, VALIYA VEETTIL
HOUSE, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM
DISTRICT, PIN - 682 008.
49 PARVATHY,
D/O. THE LATE RAMAN AND W/O. RAJAN, KUNNARA HOUSE,
EROOR P.O. THRIPUNITHURA, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682 306.
50 CHANDRAN,
AGED 58 YEARS
S/O. THE LATE RAMAN, PALLIVATHUKKAL HOUSE,
VADAKKUMTHODAM LANE, PALLURUTHY, RAMESWARAM
VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682
006.
51 VALLI,
AGED 53 YEARS
D/O. THE LATE RAMAN AND W/O BABU,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
52 VIJAYAN,
AGED 49 YEARS
S/O. THE LATE RAMAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
53 INDU,
AGED 45 YEARS
D/O. THE LATE RAMAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
54 PRAKASAN,
AGED 43 YEARS
S/O. THE LATE RAMAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
55 SEETHA,
RFA.No.39 OF 2020 9
AGED 72 YEARS
W/O THE LATE PADMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
56 SURESH,
AGED 50 YEARS
S/O THE LATE PADMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
57 RAJESH,
AGED 33 YEARS
S/O THE LATE PADAMANABHAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
58 LATHA,
AGED 48 YEARS
D/O THE LATE PADMANABHAN,
KANDAMKAKKALA HOUSE, KATTIKUNNU, POOTHOTTA P.O.
THRIPUNITHURA, KANAYANNUR, TALUK, ERNAKULAM
DISTRICT, PIN - 682 307.
59 BEENA,
AGED 44 YEARS
D/O. THE LATE PADMANABHAN AND W/O ASHOKAN, MADATHUM
PADINJARU, PIZHALA P.O. KADAMAKUDY, KANAYANNUR
TALUK, ERNAKULAM DISTRICT, PIN - 682 027.
60 BINDU,
AGED 42 YEARS
D/O THE LATE PADMANABHAN AND W/O SASI,
THEROLIPARAMBU, AZHEEKAL P.O. MURIKKUMPADAM, KOCHI
TALUK, ERNAKULAM DISTRICT, PIN - 682 510.
61 VIMALA,
AGED 59 YEARS
W/O THE LATE BALAN AND D/O THE LATE GOPALAN,
PALLIVATHUKKAL HOUSE, VADAKKUMTHODAM LANE,
PALLURUTHY, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 006.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.39 OF 2020 10
JUDGMENT
The appellants, who are stated to be not parties to O.S.No.58/1997 on the files of the Sub Court, Kochi, have filed this appeal after obtaining leave of this Court. According to them, the impugned Final judgment and decree of the Sub Court, Kochi, take in certain properties which are exclusively in their possession; and that they are, therefore, illegal.
2. According to the appellants, distribution of the assets, as shown in the impugned decree, is the result of a fraud committed on the Court and therefore, that they be permitted to assail the same through this appeal.
3. Even when I hear Dr.V.N.Sankarjee on the afore lines, it is conceded before me that in an earlier round of litigation, namely, R.F.A.No.420/2006, the very same issues were considered by a Division Bench of this Court leading to a judgment in the RFA.No.39 OF 2020 11 following lines:
"1. The appellants are not a party to the decree impugned which is a preliminary decree in a suit for partition filed as O.S.No.58/1997 - Sub Court, Kochi. The grievance of the appellants is that their property is sought to be roped in the present suit for partition. Either parties claim title and possession on the basis of purchase certificates issued by the Land Tribunal in O.A.No.91/1974 and S.M.845/1975. The appellants are not a party to the purchase certificate obtained by the predecessors-in- interest of the parties to the suit and hence not binding. Similarly the parties to the suit are not a party to the purchase certificate obtained by the appellants and hence not binding.
2. It appears that there were litigations between the appellants and the parties to the suit earlier and amongst the parties to the suit only and the details are as under: i. O.S.No.669/1989 filed by the first appellant against few of the parties to the suit for injunction which was decreed.
ii.O.S.No.531/1993 between the parties to the suit (wherein the appellants were not impleaded) for partition which was dismissed. iii.O.S.No.140/1996 filed by the parties to the suit against the appellants for recovery of possession which was dismissed for default.RFA.No.39 OF 2020 12
3. We feel that the appellants cannot be said to be aggrieved at this stage since the decree for partition to which they are not parties will not bind them. The remedy of the appellants is to obstruct the delivery in case they are sought to be dispossessed in execution of the decree. All questions relating to the right, title or interest in the property between the parties would be gone into then. The procedure is clearly delineated under Rules 97 to 101 of Order XXI of the Code of Civil Procedure, 1908.
4.Suffice it to say that the appellants shall not be dispossessed from the property claimed by them without notice in the execution proceedings in O.S.No.58/1997. The appellants shall be given full opportunity to establish the right, title or interest in the property if claimed. The impact of the decrees in O.S.Nos.669/1989, 531/1993 and 140/1996 would be adverted to by the execution court. The Regular First Appeal is disposed of. No costs."
4. It is ineluctable from the afore extracted judgment that all relevant and germane issues had already been considered by the learned Division Bench; and it is pertinent that, in paragraph No.3 therein, RFA.No.39 OF 2020 13 it has already been declared that the appellants are not bound by the impugned decree and that they have a remedy available under Order XXI Rule 97 of the Code of Civil Procedure (CPC for short) to cause obstruction, in case they are sought to be dispossessed in execution of the said decree. It has also been clarified in the said judgment that all questions relating to right, title and interest in the properties between the parties would be then gone into and that they will be given full opportunity to establish their claims.
5. Further, it is also indubitable from Annexure A19, which is the judgment of the Munsiff's Court in O.S.No.262 of 2015, between the respondents as plaintiffs and defendants, that the property claimed by the appellants, namely, 11.30 cents, has been clearly found to be belonging exclusively to late Anna, who is their mother.
RFA.No.39 OF 2020 14
6. In the afore scenario, I certainly find no reason why the appellants should have approached this Court impugning the Final decree of the Court below, particularly when it has been declared through Annexure A18 judgment that same is not binding on them and that they can raise their contentions against any attempt to dispossess them under the provisions of Order XXI Rule 97 of CPC.
7. I am, consequently, of the firm view that this appeal is completely unnecessary, since the provisions in the impugned Final decree will not bind the appellants; and they, therefore, obtain no cause to challenge it, particularly when they have other statutory remedies against any attempt made to dispossess them from their property.
Resultantly, this appeal is dismissed at the threshold; however, without in any manner deciding conclusively on the rights RFA.No.39 OF 2020 15 available to them, with respect to any attempt by the plaintiffs or defendants in the suit to have the properties delivered in execution of the impugned decree.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/5.2.2020 RFA.No.39 OF 2020 16 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.91/1974 DATED 24.4.1974 IN OA NO. 21/1972
OF THE AND TRIBUNAL, PALLURUTHY WITH FORM I STATEMENT.
ANNEXURE A2 TRUE COPY OF THE PURCHASE CERTIFICATE NO.
1178/1976 IN S.M.P NO. 845/1975 OF THE LAND TRIBUNAL VYPIN WITH FORM I STATEMENT.
ANNEXURE A3 TRUE COPY OF THE APPLICATION DATED 24.5.1976 FILED IN S.M.P NO. 845/1975 OF THE LAND TRIBUNAL, VYPIN FOR ISSUANCE OF PURCHASE CERTIFICATE.
ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 21.3.1995 IN O.S. NO. 669/1989 OF THE PRINCIPAL MUNSIFFS COURT, KOCHI.
ANNEXURE A5 TRUE COPY OF THE DECREE DATED 21.3.1995 IN O.S. NO. 669/1989 OF THE PRINCIPAL MUNSIFFS COURT, KOCHI.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 7.9.1999 IN C.R.P 646/1999 OF THIS HONOURABLE COURT. ANNEXURE A7 TRUE COPY OF THE ORDER DATED 22.9.2000 IN E.A. NO. 109/1098 IN E.P. NO. 33/1997 IN O.S. NO. 669/1989.
ANNEXURE A8 TRUE COPY OF THE RECEIVER REPORT DATED 9.10.2000 WITH SURVEY PLAN AND THE RECEIPT 7.0.2000 OF THE DECREE HOLDER. ANNEXURE A9 TRUE COPY OF THE ORDER DATED 7.9.2001 IN C.R.P NO. 2402/2000 OF THIS HONOURABLE COURT.
ANNEXURE 10 TRUE COPY OF THE APPLICATION DATED 29.11.1993 SUBMITTED BY THE 1ST RESPONDENT PADMAVATHY IN S.M.P NO. 845/1975 BEFORE THE LAND TRIBUNAL , VYPIN.
ANNEXURE A11 TRUE COPY OF THE JUDGMENT DATED 12.9.1995 IN O.S. NO. 531/1993 OF THE PRINCIPAL MUNSIFFS COURT, KOCHI.
ANNEXURE A12 TRUE COPY OF THE DECREE DATED 12.9.1995 IN O.S. NO. 531/1993 OF THE PRINCIPAL MUNSIFFS RFA.No.39 OF 2020 17 COURT , KOCHI.
ANNEXURE A13 TRUE COPY OF THE PLAINT DATED 3.12.1993 IN O.S. NO. 531/1993 OF THE MUNSIFFS COURT , KOCHI.
ANNEXURE A14 TRUE COPY OF THE DEPOSITION DATED 19.8.1995 OF THE 2ND PLAINTIFF IN O.S. NO. 531/1993 OF THE MUNSIFF COURT , KOCHI.
ANNEXURE A15 TRUE COPY OF THE PLAINT DATED 25.3.1996 IN O.S. NO. 10/1996 OF THE ADDITIONAL SUB COURT, KOCHI.
ANNEXURE A16 TRUE COPY OF THE JUDGMENT DATED 3.2.2001 IN OS. NO. 140/1996 OF THE ADDITIONAL SUB COURT, KOCHI.
ANNEXURE A17 TRUE COPY OF THE DECREE DATED 3.2.2001 IN OS. NO. 140/1996 OF THE ADDITIONAL SUB COURT, KOCHI.
ANNEXURE A18 TRUE COPY OF THE JUDGMENT DATED 21.7.2017 IN R.F.A NO. 420/2006 OF THIS HONOURABLE COURT.
ANNEXURE A19 TRUE COPY OF THE JUDGMENT DATED 25.10.2017 IN O.S. NO. 262/2015 OF THE MUNSIFFS COURT, KOCHI.
ANNEXURE A20 TRUE COPY OF THE POWER OF ATTORNEY NO.97/4A/2012 DATED 27.3.2012 OF RESPONDENTS 4 AND 6 TO 9 ANNEXURE A21 TRUE COPY OF THE POWER OF ATTORNEY NO.95/IV/2012 DATED 26.3.2023 OF RESPONDENTS 16 AND 18 TO 21 AND CHILDREN OF SREENIVASAN ANNEXURE A22 TRUE COPY OF THE POWER OF ATTORNEY NO.91/IV/2012 DATED 26.3.2012 OF RESPONDENTS 22 TO 25 ANNEXURE A23 TRUE COPY OF THE POWER OF ATTORNEY NO.94/IV/2012 DATED 27.3.2012 OF RESPONDENTS 28 TO 30 AND 32 ANNEXURE A24 TRUE COPY OF THE POWER OF ATTORNEY NO.93/IV/2012 DATED 27.3.2012 OF RESPONDENTS 49 AND 51 TO 54.
ANNEXURE A25 CERTIFIED COPY OF THE ORDER DATED 23.5.2018 IN I.A.NO.76/2018 IN F.D.A.NO.1208/1999 IN O.S.NO.58/1997 ON THE FILE OF THE SUB COURT, KOCHI.
ANNEXURE A26 CERTIFIED COPY OF THE ORDER DATED 23.5.2018 IN I.A.NO.77/2018 IN F.D.A.NO.1208/1999 IN RFA.No.39 OF 2020 18 O.S.NO.58/1997ON THE FILE OF SUB COURT, KOCHI.
ANNEXURE A27 CERTIFIED COPY OF THE ORDER DATED 30.8.2018 IN I.A.NO.496/2018 IN F.D.A.NO.1208/1999 IN O.S.NO.58/1997 ON THE FILE OF THE SUB COURT, KOCHI.