IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 AFA.No. 61 of 1995() -------------------- AGAINST THE JUDGEMENT/ORDER IN AS.462/1992 Dated 03/04/1995 OS.803/1988 of I ADDL.SUB COURT, THRISSUR .................... APPELLANT(S): RESPONDENTS 1 TO 3/PLAINTIFFS 1 TO 3: --------------------------------------------------------------------------------------- 1. NARAYANI, D/O.NARAYANAN EZHUTHACHAN, KAIPPILLY HOUSE, PARAKKAD VILLAGE, THRISSUR DISTRICT. 2. JANAKY, D/O.NARAYANAN EZHUTHACHAN, ..DO..DO.... 3. KARTHYAYANI @ KALLYANI, D/O.NARAYANAN EZHUTHACHAN, ...DO...DO..... BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): APPELLANT & RESPONDENTS 4 TO 7/DEFENDANTS 1 TO5: ------------------------------------------------------------------------------------------------------------------ 1. KARAPPAN, S/O.NARAYANAN EZHUTHACHAN, KAIPALLY HOUSE, PARAKKAD VILLAGE, THRISSUR DISTRICT.( D I E D) 2. THANKAMMA, W/O. KAIPPILLI RAMAKRISHNAN, ..DO..DO..... 3. RUGHMANI, W/O. KAIPPILLI RAMAKRISHNAN, ..DO..DO... 4. USHA, D/O. KAIPPILLI RAMAKRISHNAN, ..DO...DO.... 5. KRISHNAKUMAR, S/O. KAIPPILLI RAMAKRISHNAN, AGED 11 YEARS, REP. BY HIS GUARDIAN AND NEXT FRIEND MOTHER 2ND RESPONDENT THANKAMMA, RESIDING AT ..DO..DO.... *ADDL.R6 TO R12 IMPLEADED: R6. PARUKUTTY, W/O.(LATE) KARAPPAN RESIDING AT KAIPPILLI HOUSE, P.O. ARIYOOR, THRISSUR. R7. NARAYANAN ALIAS SUNDARAN, S/O.(LATE) KARAPPAN OF ..DO.DO.. Kss ..2/- ..2.... AFA.NO.61/1995 R8. RAMACHANDRAN, S/O.(LATE) KARAPPAN OF ..DO..DO.... R9. THANKAMANI, D/O.(LATE) KARAPPAN RESIDING AT PATTATHU HOUSE, MOORKANIKKARA, THRISSUR. R10. DEVAKI, D/O.(LATE) KARAPPAN RESIDING AT THAZHATHU HOUSE, MOORKANIKKARA, THRISSUR. R11. KAMALAM, D/O.(LATE) KARAPPAN RESIDING AT CHENNALIPARAMBIL HOUSE, IRAVIMANGALAM, THRISSUR. R12. NANDINI, D/O.(LATE) KARAPPAN RESIDING AT CHOORAKKATTUKARA, MUTHUVARA, THRISSUR. (*ADDL.R6 TO R12 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED 1ST RESPONDENT AS PER ORDER DTD. 1/11/2010 IN CMP.NO.5555/1996) R6,R7,R9 & R10 BY ADV. SRI.MOHAN C.MENON THIS APPEAL FROM FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- A.F.A.No.61 OF 1995 ------------------------------------------- Dated this the 1st day of November, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The three plaintiffs in a suit for partition are the appellants against the judgment of the learned single Judge. The trial court denied relief in relation to 'B' schedule on the premise that a life interest subsisted in favour of the mother of the parties. She, unfortunately, passed away pending the first appeal and therefore, the learned single Judge made allotment as regards 'B' schedule. Now, the dispute is only as regards plaint 'A' schedule. The finding of the learned single Judge is that since the plaintiffs are females, they are not entitled to share at par with the male heirs in that property, which is an ancestral property. By virtue of the Hindu Succession Act, 2005, the females also get share. There can be no dispute on this. In support is the judgment of the Apex Court in G.Sekar v. Geetha [2009(6) SCC AFA.61/95 2 99] and that of this Court in Janardhanan v. Rugmini [2010(3) KLT 7]. These judgments and the provisions of the Hindu Succession Act, 1956, as amended by Act 39 of 2005, apply since, as of now, there is only a preliminary decree and no partition has been effected between parties. For the aforesaid reasons, we vacate the finding in the impugned judgment regarding 'A' schedule and order that the shares in relation to 'A' schedule will be one upon five for each among the parties, as granted by the trial court. Resultantly, the preliminary decree as regards 'A' schedule as granted by the trial court will stand restored and the preliminary decree as regards 'B' schedule will be in terms of the judgment of the learned single Judge. The appeal is allowed accordingly. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.8/11.