P. Usha Kumari and others v. P.S. Nagamma and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2022-01-05
Court Decision / Holding: The Regular First Appeal is disposed of in terms of the settlement arrived at by the parties; the compromise is accepted and will form part of the judgment. The decree shall reflect the terms of settlement, including the three-way division of property, inter-bank transfers via NEFT/RTGS, the joint account arrangement, owelty payments, demarcation, title mutations, and the mechanism for accounting and expeditious execution. Court fees are to be refunded to the appellants in light of the settled position. The parties are directed to execute required documents through the court to finalize partition.
Final Disposition: Disposed of in terms of settlement; settlement to form part of judgment; refund of court fees; directions to execute necessary documents and finalize partition and mutation.

Parties to the Case

Appellants / Petitioners

P. Ushakumari
P.J. Jayasree
P.J. Rajesh
P.R. JayaDevan

Respondents

P.S. Nagamma
P.S. Nargis
P.M. Pradeep (deceased)
Geetha P.M.
Ranjith P.S.
Sreerala P.M.
Deepthi V.P.

Legal Representation & Advocates

Counsels for Petitioners

• K.P. SantI

Counsels for Respondents

• C.S. Manu
• Prasad Chandran
• Ranjini

Case Synopsis & Summary

This Regular First Appeal arises from O.S. No. 455 of 2012 before the Sub Court, Ernakulam, challenging partition and relief under a WILL of late Dr. K. G. Sukumaran. The appellants, comprising P. Ushakumari, P.J. Jayasree, P.J. Rajesh, and P.R. Jayan Devan, seek a share in the ancestral property and moveable assets as per the will, against the respondents who include the legal heirs of Ratnam, Rajamma, and Mohanam, such as P.S. Nagamma, P.S. Nargis, Geetha P.M., Ranjith P.S., and others. The matter has long pendency with subsequent additions of R6 and R7 as legal heirs of a deceased party. The registry records a compromise/deal arrived at between the parties, which is produced with I.A. No. 1/2021. The court accepts the settlement and disposes of the appeal in terms of the agreement; the settlement provides for three equal shares among the heirs and for transfer of bank deposits across multiple banks via NEFT/RTGS, via a joint Canara Bank account held in the names of Usha Kumari, Nagamma, and Geetha as representatives. It also details owelty payments prior to transfers, demarcation of the property at survey No. 278/10, and mutations in the title. The decree will reflect the settlement and include provisions for repayment to employees and other expenses. The court orders that court fees be refunded in light of the settled position, and directs execution of documents to finalize partition and mutation. The matter thus settles out of court and ends with terms of settlement forming part of the judgment.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
The High Court Of Judicature at Madras rep. by its Registrar General v. M.C. Subramaniam and Others	2021 KHC Online 6080	Positive	Cited to support the settled legal position acknowledged by the Apex Court and used to justify accepting the settlement terms.

Extracted Judgment Text

Exact text extracted from official judgment records.

## IN THE HIGH COURT 0F KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 5TH DAY 0F JANUARY 2®22 / 15TH POUSHA, 1943 BEALNO. 138 0F 20±9 AGAINST TI]E JUDGMENT AND DECREE DATED 28.09.2®17 IN I.A.NO.3943/2014 IN OS 455/2012 0F Ill ADDITIONAL SUB COURT, ## ERNAKULAM ## APPELLANTS/PLAINTIF:FS: P . J . USHAKUMARI AGED 52 YEARS DAUGHTER 0F TllE LATE SMT.M0l]ANAM, THOMBAR II0USE, AYYAPPANKAVU, ERNAKULAM VILLAGE, KANAYANNUR TALUK, KOCHI -682 018. ## P.J. JAYASREE - AGED 5® YEARS DAUGHTER OF THE LATE SMT.Mol+ANAM, Tl+OMBAR I+OUSE, AYYAPPANRAVU, ERNAKULAM VILLAGE, KANAYANNUR TALUK, KOCHI - 682 ®18. ## P.J. RAJESH, - AGED 48 YEARS - DAUGl+TER 0F Tl+E LATE SMT.MOI+AIIAM, TIIOMBAR I]OUSE, AYYAPPANRAVU, ERNAKULAM VILLAGE, RANAYANNUR TALUK, KOCHI - 682 018. ## P.R. JAYADEVAN, AGED 79 YEARS HUSBAND 0F Tl]E LATE SMT.M0l]ANAM, THOMBAR HOUSE, AYYAPPANRAVU, ERNAKULAM VILLAGE, RANAYANNUR TALUK, KOCHI - 682 018. ## BY ADV K.P.SANTl+I ## RESPONDENTS/DEFENDANTS ## P.S.NAGAMMA, AGED ABOUT 59 YEARS, DAUGllTER 0F RATNAM, VADUTHALA HOUSE, VADUTHALA, CHERANALLUR VILLAGE, ERNAKULAM-23 P . S . NARGIS AGED 60 YEARS, DAUGHTER 0F RATNAM, RESIDING AT HOUSE NO.2-48/10/4, PLOT NO.5, TELECOM NAGAR, EXTN ## RFA NO. 138 0F 2019 ## GACHIBOWLI, HYDERABAD-5®0032 ## P.M.PRADEEP (DIED) AGED 51 YEARS,SON 01= RAJAMMA, RESIDING AT 37/1999 A, BHATTATHIRIPAD ROAI), ELAMKULAM KOCHI- 17 ## GEETHA P.M. AGED 47 YEARS, DAUGHTER 0F RAJAMMA, RESIDING AT GITANJALI, R.G.PAI ROAD, VADUTHALA , KOCHI-23 ## RANJITH AGED 32 YEARS, SON 0F PANRAJAVALLY, RESIDING AT VARIATH HOUSE, JKS 79, NEAR ELAMAKRARA PLAY GROUND, ELAMAKRARA P.O., KOcllI -26 ## ADDL . 6 SREERALA P.M., WIFE OF LATE SRI. PRADEEP, NANDANATHIL HOUSE, PADUTHOLIL, VATTEKUNNAMKARA, EDAPILLY NORTH, COCHIN-24. - ADDL . 7 DEEPTHI V.P. DAUGI+TER 0F TIIE LATE SRI.PRADEEP, NANDANATHIL HOUSE, PADUTII0LIL, VATTEKUMNAMRARA, EDAPILLY NORTH, COCHIN-24. (LEGAL llEIRS OF THE DECEASED R3 ARE IMPLEADED AS ADDITIONAL R6 & ADDL.R7 VIDE ORDER DATED 05.®1.2®22 IN I.A.NO.1/2022) RI BY C.S.MANU R2 BYPRASAD CHANDRAN R4 & R5 R.LAKSHMI NARAYAN R4 & R5 BY RANJINI THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON ©5.01.2®22, THE COURT 0N THE SAME DAY DELIVERED Tl+E FOLLOWING : RFA NO, 138 0F 2019 The matter is settl.ed out of court between the parties. The compromise arrived at by the parties has been produced along with I.A.No.1/2021. The compromise arrived at by the parties is hence accepted. The Regul.ar First Appeal is disposed of in terms of the agreement/settlement arrived at by the parties. The agreement/ settlement arrived at by the parties win form part of the ]-udgment and decree. Refund the entire court fee to the counsel for the appellants in view of 1.egal position settled by the Apex Court ±n The High Court Of Judicature at Maidras rep. by its Registrar General v. M.C. Subramaniam and Others E2®21 (2) KHC 62 .. RFA NO. 138 0F 2019 2021 KHC Online 6080 : ILR 2021 (1) Ker.956 2021 (2) KLT SN 25 : 2®21 (3) SCC 56®]. Sd/. P . SOMARAJAN JUDGE SPV ## TERMS OF SETTLEMENT The parties below have agreed to share the moveable and immovable properties of Dr. K. G. Sukumaran as per his WILL. The parties below have agreed to share the deposits lyinginthefollowingBanks,aspertheWILL - 1) Canara Bank, Ayyappankavu Branch-SB Account and Fixed Deposit r`, - 2) Canara Bank, ShanmughamRoad Branch, Ernakulam - Senior Citizen Fixed Deposit-Interest to SB Account, Canara Bank, Ayyappankavu - 3) Catholic syrian Bank, Palathode Branch, Ernakulam -SB Account and Fixed Deposit - 4) Federal Bank,Pachalam, Ernakulam-SB Account and Fixed Deposit 5) DhanalakshmiBank,`3hanmughamRoad Branch, Ernakulam -SB Account and Fixed Deposit fL, The amounts shall be divided into 3 equal shares among the legal heirs of deceased Smt. Ratnam, Smt. Rajamma and Smt. Mohanam. p. s. Nagamma dy± 6. p.I.]ayashree gr ` !:`..tiii NiyP.S. Narghese 7. P.J. Rajes Geetha P.M. Ranjith P S, 8. Sreekala. 9. Deepthi v.P. Ushakumari p.J. '6: Legal heirs of Smt. Ratnam are (1) Smt. Nagamma P.S. and (2) Smt. Narghese P.S.; Legal heirs of deceased Smt.Rajamma are (1) Mr. P. M. Pradeep, (2) Smt. Geetha P.M, and (3) Smt. Pankajavally. Smt. Pankajavally expired and Mr. Ranjith P. S. is her sole legal heir. Mr. P.M. Pradeep expired and he is survived by his wife and daughter Smt. Sreekala. P.M. and Ms.Deepthi V.P. Legal Heirs of deceased Mohanam are (1) Smt. Usha Kumari P.J.; (2) P.J. Jayashree and (3) P.J. Rajesh. The employees and their shares are as follows: - Mr.Udayan -Rs. 50,000 Mr. Vasu-Rs.50,000 Ms.Elizabeth -Rs. 25,000 Ms.Vilasini -Rs. 5,000. The total amount, after deducting the amount given to the employeesandtheexpensesformeasuring,demarcating,cleaning etc, shall thereafter be divided among the respective legal heirs **==> picture [16 x 22] intentionally omitted <==** **----- Start of picture text -----** € **----- End of picture text -----** **==> picture [380 x 167] intentionally omitted <==** **----- Start of picture text -----** P. S. Nagamma ± p.]. layashree er psNargheseELhgr pT.Rajesgrgp49P Geetha P.M. Sreekala.P.M.€i#_ DeepthiV.P. Ranjith P S ::u?.-I,: Ushakumarip.J. ;:--i **----- End of picture text -----** :7.: themselves for which bank details shall be given to the bank by each sharer. The calculation statement shall form part of this compromise. The amount shall be transferred to the respective accounts of each individualbyNEFT/RTGS,onfurnishingofdetailsbyeachsharer. The amounts are lying in different banks. For an effective divisionamongtheshareholdei.s,itisherebyagreedthattheamounts lying in Canara Bank, Shanmugham Road Branch, Ernakulam,Catholic Syrian Bank, Palathode Branch, Ernakulam, Federal Bank, Pachalam, Ernakulam, Dhanalakshmi Bank, ShanmughamRoadBranch,EmakulamshallbetransferredtoCanara Bank, Ayyappankavu Branch. ## r+ A joint account shall be opened in the names of Smt. Usha Kumari P.J. , Smt. P.S .Nagamma and Smt. Geetha. P.M. at Canara Bank, Ayappankavu as representatives of each group, and the amounts shall be transferred fi'om the said account to the respective shareholders. After obtaining the final amounts, the amount shall be divided, after deducting the expenses and the amounts due to the employees of the late Dr. K.G. Sukumaran. The parties hereby agree that the property measuring 18.750 centssituatedinsurveyNo.278/10ofKanayannurTaluk,Ernakulam Village is agreed to be partiti(jned as per the terms of the decree in O.S. No. 455 of 2012 of the Sub Court, Ernakulam. **==> picture [422 x 160] intentionally omitted <==** **----- Start of picture text -----** 1. P.S.Nagamma.!!g€E!2D"£L 6. p.I. Tayashree fry 2. p.sNarghese NLde 7 pJ.RaJesgr# sreekala. P.M. 5eeedth 3. Geetha p.M. DeepthiV.P. 4. Ranjith p. S. 5. Ushakumari p.J. **----- End of picture text -----** The owelty amount fixed by the Sub Court, Ernakulam in O.S. No. 455 of 2012 shall be paid to the legal heirs of deceased Smt. P.G.Mohanam prior to the transferring of amounts from the bank to each shareholder. Similarly, ctwelty amount due to Smt. Geetha P.M, Mr. Ranjith P S, Smt. Sreekala. P.M. and Ms.Deepthi V.P. shall also be paid prior to the transferring of amounts from the bank to each shareholder. ## rl Everyone shall jointly take steps to get the property measured and demarcated. Sketch shall be furnished to each group. Accounts regardingexpensesshallbemaintainedanditshallbemadeavailable to the other shareholders. The expenses for the same shall be borne out of the common fund. Allpartiesshalltakestepstogetthedocumentexecutedthrough Court at the earliest. Each shareholder will be responsible to effect mutation of title in their names and pay tax for their share. Each shareholder shall obtain certified copy of the title deeds including the P.S.Nagamma D§gg}xpm£L- 6. ps.NargheseTrfe`rfe Geetha P.M. 4. Ranjith p s. 5. Ushakumari p.J **==> picture [163 x 114] intentionally omitted <==** **----- Start of picture text -----** p.]. Tayashree fty Sreekala.P.M.€4± Deepth£V.Pqu. **----- End of picture text -----** WILL, pertaining to the subject property and the original shall be retainedbysmt. UshaKumarip.I. . Thepropertyshallbedividedintothreesharesandthelegalheirsof the respective beneficiary as per the will shall effect partition among themselves according to their convenience. Signed: **==> picture [17 x 17] intentionally omitted <==** **----- Start of picture text -----** rl **----- End of picture text -----** 1. P.S.Nagamma,Daughterofp.G.Ratnam, Vaduthala House, Vaduthala, Cheranallur Village, Ernakulam - 23 2. P.S. Narghese Daughter of the late Smt. P.G. Ratham, Currently residing atc1-806, - 7 Hills Apartment, Power welfare society, - Narsinghi, Hyderabad -500 032 Permanent Address: Sree Nivas , Kattungal , Pachalam P 0, Kochi 682012. 3. Geetha p.M., Daughter of the late Smt. P.G. Rajamma, Gitanjali, R.G. Pai Road, Vaduthala, Kochi -23. 4. Ranjith p s, - Son of the late Smt P.M. Pankajavally, Variath House, TKS 79, Near Elamakkara Play Ground, Elamakkara P.O., Kochi -26. /.:j : Ushakumari p.I. Daughter of the late Smt. P.G. Mohanam Thombar House, Ayyappankavu, ErnakulamVillage,KanayannurTaluk, Kochi -682 018. - P.I. Jayashree, - Daughter of the late Smt. P.G. Mohanam, Thombar House, Ayyappankavu, - Kochi -682 018. ri - ;::Riaf::air:iaot:sseTt,p,aGppgh:::,-&J7 - Kochi -682 018. - Sfeekala.P.M., g# wife of the late Sri. P.M. Pradeep Nandanathil House, Padutholil, Vattekunnamkara, Edappally North, Cochin - 24 - Deepthiv p a. Daughter of late Sri.P.M. Pradeep Nandanathil House, Padutholil, - Vattekurmamkara, Edappally North, Cochin -24. Parties have hereunto aj:fixed there signature and accepted the termsofsettlementtobefiledinR.F.A.No.198of201Spendingbefore theHonourableHighCourtofKerala. &tw/ is`Rcgorfty en S fl~ appcjb*