ZACHARIACHAN Vs. KOSHIKUNJU AND OTHERS
HIGH COURT OF KERALA
Koshikunju And Others
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(1.) Second appeal filed by the plaintiff in O.S. No. 237 of 2012 on the file of the Court of Munsiff, Punalur against the concurrent findings of the trial court and the lower appellate court that the suit was legally not maintainable. Aggrieved by the decisions, the plaintiff has come up in this second appeal.
(2.) Heard the learned counsel for the plaintiff.
(3.) Short facts necessary for disposal of the appeal are as follows:
Suit is one for partition and consequential injunction. Plaintiff/appellant and the defendant/respondent are children of late Kochu Koshi Yohannan, who died on 12.10.1994. He had admittedly executed a Will in the year 1993 and it was duly registered. Certain properties were set apart to the plaintiff as per the Will. After the death of Kochu Koshi Yohannan, the plaintiff and defendants were in joint possession and enjoyment of the properties belonging to their father which were not included in the Will. As the 1st defendant did not heed to the request of effecting a partition, the plaintiff filed the suit for partition and other reliefs.;
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