Chamayath Cheriyannal (D) Th Lrs. vs Chamayath Cheriyannal Hajirommabi .

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4925 OF 2006

CHAMAYATH CHERIYANNAL (D) TH LRS. & ANR. ... APPELLANT(S)

VS.

CHAMAYATH CHERIYANNAL HAJIROMMABI & ORS. ... RESPONDENT(S)

J U D G M E N T

Anil R.Dave, J.

1. Heard the learned counsel.

2. Upon perusal of the impugned judgment as well as the

judgment delivered by the Trial Court, we are of the view

that the findings arrived at by the Trial Court with

regard to the partition among the members of the Tarwad

were correct and in our opinion the High Court ought not to

have interfered with the said findings.

3. Once there was a partition among the members of the

Tarwad, and when there are two different thavazhy, namely

Attakoya thavazhy and Syed Koya thavazhy, and when some

share of one thavazhy had been gifted, the same could not

have been objected to by a member of another thavazhy.

4. For the aforesaid reason, we agree with the findings

arrived at by the Trial Court. We set aside the impugned Signature Not Verified judgment delivered by the High Court and restore the order Digitally signed by Sarita Purohit Date: 2016.02.10 10:49:33 IST Reason: and decree passed by the Trial Court.

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5. In view of the above, the civil appeal is disposed of

as allowed. No order as to costs.

..............J. [ANIL R. DAVE]

.................J. [ADARSH KUMAR GOEL] New Delhi;

4th February, 2016.

2 ITEM NO.101 COURT NO.2 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s).4925/2006

CHAMAYATH CHERIYANNAL (D) TH LRS. & ANR. Appellant(s)

VERSUS

CHAMAYATH CHERIYANNAL HAJIROMMABI & ORS. Respondent(s) (With interim relief and office report)

Date : 04/02/2016 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Appellant(s) Mr. R.Basant,Sr.Adv.

Mr. P.B. Suresh,Adv.

Mr. Vipin Nair,Adv.

Mr. Udayaditya Banerjee,Adv. Mr. Kartik Ashok,Adv.

Mr. Vinod Nair,Adv.

Mr. Rahul Srivatava,Adv. For M/s. Temple Law Firm,Advs.

For Respondent(s) Mr. Thomas P. Joseph,Sr.Adv.

Mr. Jayesh Mohan Kumar,Adv. Mr. D.P. Chaturvedi,Adv. Mr. S. N. Bhat,Adv.

UPON hearing the counsel the Court made the following O R D E R

The civil appeal is disposed of as allowed in terms of the non-reportable judgment.

Pending application, if any, stands disposed of.

(Anita Malhotra) (Sneh Bala Mehra) Court Master Assistant Registrar (Non-reportable judgment is placed on the file.)

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