LEELA Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Hear Smt. M. Santhi, the learned counsel appearing for the petitioners and Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for the respondents.

(3.) It is stated that 1.97 acres of property in Sy.No.783/6 of Peroorkkada Village,Thiruvananthapuram Taluk, Thiruvananthapuram Revenue District was in the absolute ownership and possession of late Ayyan, who is the paternal grandfather of the petitioners (it is stated that late Ayyan is the father of Raghavan, who is the father of petitioners 6 and 7). Thereafter the said 1.97 acres of property was gifted by Ayyan to his wife Mala as per Ext.P1 registered gift deed No.2588/1120/1 of SRO Thiruvananthapuram. It is further stated that all the legal heirs including the petitioners of the said Ayyan and his wife Mala have been in joint possession and enjoyment of the said 1.97 acres of property and that in the year 2008, some of the legal heirs had filed a partition suit as O.S.No.2153/2008 on the file of the Principal Munsiff Court, Thiruvananthapuram seeking partition of the said property. That the case in O.S.No.2153/2008 was listed to 14.02.2018 for evidence before the Principal Munsiff Court, Thiruvananthapuram. Further that, apart from the said matter, there are other civil suits pending between in respect of the same subject property in cases as in O.S.N0.2153/2008 and O.S.No.1690/2017 of Principal Munsiff Court, Thiruvananthapuram, O.S.No.1325/2017 of First Additional Munsiff Court, Thiruvananthapuram, O.S.NO.119/2015, Rent Control Court, Thiruvananthapuram and O.S.No.756/2013 of Second Additional Munsiff Court, Thiruvananthapuram.