KOMALAVALLI Vs. SNEHALATHA AND ORS.

JUDGEMENT

(1.) The prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.G.Sreekumar (Chelur), learned counsel appearing for the petitioner. In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.

(3.) The petitioner herein is the 1st defendant in O.S.No.889/2011 on the file of the I Addl. Sub Court, Thrissur, filed by 1st and 2nd respondents. The suit is filed for declaration of civil death, partition and separate possession of property as sought for by the plaintiffs. The plaint schedule property is 78 cents situated in sy No.542/5 of Edamuttom desom and covered by document bearing No.808 of 73 of the Thriprayar SRO. The case of the plaintiffs was that the plaint schedule property with other properties originally belonged to the grandmother of the plaintiffs and that she had 3 children, viz., Vasudevan, Bhanuprakash and Raghavan. That the plaintiffs and defendants 6 and 7 are the children of the said Vasudevan and the 8th defendant is their mother. The 1st defendant is the widow and defendants 2 to 5 are the children of the abovesaid Bhanuprakash. According to the plaintiffs, Vasudevan and Bhanuprakash died intestate and that nothing was heard about the other son, viz., Raghavan for the past 60 years and his whereabouts are known. It is on this basis that the suit has been filed seeking declaration that the said Raghavan has undergone civil death and therefore his properties are liable to be partitioned and decree in that regard has to be granted, etc.