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

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

VS.

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

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 judgment delivered by the High Court and restore the order

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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.

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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

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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