V.K. KAMALA DEVI, D/O. NARAYANI, AGED 87 YEARS, SHIKA APARTMENT, PADAVATHALA VALAPPIL PARAMB, P.O. EAST NADAKKAVU, ERANHIPALAM, KACHERI AMSOM, DESOM, KOZHIKODE Vs. THE SOUTH INDIAN BANK LTD., WEST HILL BRANCH, POST CHAKKORATHKULAM, KACHERI AMSOM, DESOM, KOZHIKODE TALUK, REPRESENTED BY ITS BRANCH MANAGER, ROFI M.F, S/O. FRANCIS, AGED 35 YEARS
LAWS(KER)-2017-1-99
HIGH COURT OF KERALA
Decided on January 19,2017

V.K. Kamala Devi, D/O. Narayani, Aged 87 Years, Shika Apartment, Padavathala Valappil Paramb, P.O. East Nadakkavu, Eranhipalam, Kacheri Amsom, Desom, Kozhikode Appellant
VERSUS
The South Indian Bank Ltd., West Hill Branch, Post Chakkorathkulam, Kacheri Amsom, Desom, Kozhikode Taluk, Represented By Its Branch Manager, Rofi M.F, S/O. Francis, Aged 35 Years Respondents

JUDGEMENT

B. Sudheendra Kumar, J. - (1.) The plaintiff in O.S. No. 264 of 2015 is the appellant. The plaintiff filed O.S. No. 264 of 2015 before the Munsiffs Court, Kozhikode, praying for cancellation of Exts. A2 to A4. The Munsiffs Court decreed the suit. Against the said decree and judgment, the first respondent herein filed appeal before the District Court as A.S. No.182/2015. The appellate court as per judgment dated 18-11-2016, allowed the appeal and set aside the decree and judgment passed by the trial court. The appellate court also remanded the case to the trial court. The appellate court further directed the trial court to implead the first respondent herein as the additional 3rd defendant in the suit. Aggrieved by the said decree and judgment passed by the appellate court, this appeal has been filed by the plaintiff in the above said suit.
(2.) The contention of the appellant in O.S. No. 264/2015 is that the appellant obtained plaint A schedule property after the death of her mother Narayani by inheritance. The first defendant in the suit is the daughter and the 2nd defendant therein is the husband of the first defendant. The appellant executed Exts.A2 to A4 documents in favour of the defendants. Thereafter, the appellant came to know from her husband regarding the execution of Ext. A1 Will by late Narayani, the mother of the appellant, bequeathing her properties to her grandchildren, reserving life interest to the appellant and the first defendant. Therefore, she filed the above suit praying for cancellation of Exts. A2 to A4 documents.
(3.) The defendants remained ex-parte before the trial Court. Therefore, the trial court passed a decree when the appellant filed proof affidavit along with Exts. A1 to A4.;


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