VENKIDESWARA PRABHU Vs. JANARDHANA MALLAN

JUDGEMENT

(1.) CLAIMING 6/8th share over the decree scheduled property, the plaintiff filed O.S.No.35/1963 before the Subordinate Judge's Court, Irinjalakuda. It seems that thereafter, the case has a chequered career. The matter had, more than ones, went up to the Apex Court.

(2.) IT seems that on 30.03.1967 the court below has passed a preliminary decree which was subjected to an appeal before this Court as A.S.No.80/1968. The appeal was ultimately dismissed on 10.07.1972. Thereafter, before the court below I.A.No.1462/1973 was filed by the plaintiffs in the suit for the passing of the final decree. In the mean time, the appellants had approached the Apex Court through Civil Appeal No. 1197/74. Leave was granted, the matter was admitted, and the Civil Appeal was allowed by the Apex Court on 10.05.1996, and the matter was remanded to this Court. A.S.No.80/68 was once again revived and restored, and again after hearing, this Court dismissed the appeal subject to some modifications prescribed in paragraph 33 of the judgment of this Court.

(3.) THE matter did not stop there. Again the appellants went up to the Apex Court with Civil Appeal No. 7733/1997. Again leave was granted, the matter was admitted, and ultimately the Apex Court dismissed the appeal with some observations to be considered by the court below in carrying out a partition in the final decree. The said observations are also extracted in paragraph 3 of the appeal memorandum which reads: