FAO (RO) Nos. 12/2020 & 13/2020, High Court of Kerala at Ernakulam
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. Somarajan
- Judgment Date
- 2021-11-01
- Court Decision / Holding
- Appeal disposed of; remanded to the trial court with open remand; parties to adduce additional evidence; trial court to dispose of the suit within nine months from appearance; appearance fixed on 18/11/2021.
- Final Disposition
- Appeal disposed of; remanded to the trial court for open remand with directions to decide within nine months; trial court to receive additional evidence.
Parties to the Case
Appellants / Petitioners
- Eliyamma Babu
- Safeera Beevi
- M. Nizarudeen
- Valsamma Ninan
- O. Baby Kutty
- Nazaru Deen
- Jamaludeen Kunju
Respondents
- V.P. Thankachan
- Leelamma
- O. Babukutty
- O. John Kutty
Legal Representation & Advocates
Counsels for Petitioners
- • G.P. Shinod
- • Sri Ram Mohan G
- • Sri Govind Padmanabhan
- • Shri Ajit G Anjarlekar
- • Atul Mathews
Counsels for Respondents
- • Millu Dandapani
Case Synopsis & Summary
This judgment by Hon'ble Justice P. Somarajan deals with FAO (RO) Nos. 12/2020 and 13/2020 arising from O.S. Nos. 216/2011 and 149/2008 of the Munsiff Court, Punalur, Kollam. The core dispute concerns the validity of Ext. A2 gift deed dated 1978 and Ext. A3 settlement deed dated 2001, both executed by the same owner in respect of the same property, with later transfers through Exts. A4–A6 to his sons and heirs. The appellants (defendants in the original suits) challenge the remand order of the First Appellate Court on the period of limitation, arguing what the remand court described as Article 58 should govern. The respondents/plaintiffs and other party defendants contend otherwise. The court cites the settled position in Gopakumar v. Kamalakshy Purushothaman and Others (2019 (3) KHC 478; 2019 (3) KLJ 269), noting that the dispute concerns the same subject matter and cause of action, and thus Article 65 must apply, not Article 58. On this basis, the appeals are decided in favour of applying Article 65. The matter is remanded with open remand, allowing the parties to adduce additional evidence. The trial court is directed to dispose of the suit within nine months from the date of appearance, with further hearings scheduled for 18 November 2021. The judgment consolidates the two FAOs and clarifies the limitation regime governing the long-standing dispute over property rights arising from successive deeds.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The appeal challenges the remand order of the First Appellate Court on the period of limitation, which the appellate court characterized as Article 58. The appellants contend that, since the deeds (Ext.A2 of 1978 and Ext.A3 of 2001) and subsequent transfers relate to the same property and cause of action, the governing provision is Article 65, not Article 58. They rely on the settled position in Gopakumar v. Kamalakshy Purushothaman and Others (2019 (3) KHC 478; 2019 (3) KLJ 269) to support a uniform application of Article 65 to such matters. They request disposal of the suit with an open remand and allow adducing additional evidence, with the trial court directed to decide within nine months.
Contentions of Respondents
The respondents support the remand order and the application of the limitation regime as found by the First Appellate Court, arguing that the sequence of deeds and the relief sought fall within Article 58. They contend that additional evidence should be considered by the trial court to adjudicate the declaratory relief and possession claims tied to the 1978 gift and 2001 settlement, followed by related transfers.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Gopakumar and Others v. Kamalakshy Purushothaman and Others | 2019 (3) KHC 478 : 2019 (3) KLJ 269 | Positive | Cited as the settled legal position governing the choice of limitation article (Article 65 over Article 58) in disputes involving the same subject matter and cause of action arising from successive deeds. |
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