KESAVANCHARI GOPALAKRISHNAN ACHARI Vs. VELU ACHARI PAPPUKUTTY ACHARI

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) This appeal is directed against judgment dated 9-10-1991 passed by the Kerala High Court in C.R.F.No.1239 of 1990-G setting aside order dated 17-1-1990 passed by the learned Munsif, Attingal in Execution Application No. 61 of 1984 in Execution Proceeding No. 69 of 1980 arising out of decree passed in O. S. No. 115 of 1994.

(3.) The appellant was tenth defendant and son of second defendant in a partition suit (O.S. No.115 of 1964)in the court of the learned Munsiff at Attingal. In the plaint of the said partition suit, it was contended that the properties in suit originally belonged to one Ummini. He died issueless leaving five sisters who inherited his interest in the said properties. The said sister executed a 'Ottikuzhikanam' deed in favour of the first defendant Kesavan Achari. The said Kesavan executed a deed of release in favour of defendant No. 2 surrendering his interest as Ottikuznikanamder. One Kochu-eshavan claiming to be the son of original owner Ummini executed a sale deed of the property in suit in favour of second defendant purporting to be transfer of equity of redemption. However ignoring the said document executed by Kochudeshavan and the deed of release by defendant No. 1 the plaintiffs being sons of two of the five sisters prayed for partition of their 2/5th share and also for redemption of mortgage granting in favour of defendant No. 1