This court dismissed a civil revision petition challenging an order by the court below permitting legal heirs to re-open a suit that was previously dismissed due to a deceased plaintiff. The court held the lower court's order rectified a nullity and found no infirmity.
Civil Revision Petition No. 383 of 2012 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
CRP.No. 383 of 2012 ()
OS.1567/1993 of ADDITIONAL MUNSIFF COURT (RENT CONTROL COURT), THIRUVANANTHAPURAM.
REVISION PETITIONER(S):
RESIDING IN T.C.2/3240, KULANGARA LANE, PATTOM
THIRUVANANTHAPURAM, PIN - 695 004.
THIRUVANANTHAPURAM, PIN - 695 004.
BY ADVS.SRI.P.B.KRISHNAN
SMT.GEETHA P.MENON
SRI.N.AJITH
SRI.P.B.SUBRAMANYAN
RESPONDENT(S):
THIRUVANANTHAPURAM PIN - 695 004.
C.R.P.No.383 of 2012
: 2 :
| 7. |
C.M.MATHEW, LEELAVILA HOUSE, CHALAKUZHY, PATTOM P.O. THIRUVANANTHAPURAM PIN - 695 004. |
|---|---|
| 8. |
MARY JOSHUA, THAZHATHILLATHU HOUSE, CHALAKUZHY, PATTOM P.O. THIRUVANANTHAPURAM PIN - 695 004. |
| 9. |
ROHINI THOMAS, KIZHAKKUMKARA PUTHEN VEEDU, ADUTHALA CHATHANNUR, KOLLAM - 691 572. |
| 10. |
JESSY GEORGE, ASSISTANT DIRECTOR, ICSR, NEW DELHI, HOUSE NO.665, R.K.PURAM, NEW DELHI - 22. |
| 11. |
THANKA BABY ST.JOSEPH'S VILLA, PATTOM, THIRUVANANTHAPURAM PIN - 695 004. |
| 12. T |
V.V.RAJAN, SREE VILASOM BUNGLOW MUZHAKKOLKUNNU, KANJIRAMKULAM, HIRUVANANTHAPURAM PIN - 695 524. |
| 13. |
THOMAS JOSEPH, GREAMSEA LANDS, PATTOM THIRUVANANTHAPURAM PIN - 695 004. |
| 14. |
MARIAMMA THOMAS GREAMSEA LANDS, PATTOM THIRUVANANTHAPURAM PIN - 695 004. |
| 15. |
KOSHY MATHEW, THUNDIPARAMBIL VEETIL MUTHOOR P.O., KALTOOKARA MURI THIRUVALLA PIN - 689 107 |
| 16. |
ALICA KOSHY, THUNDIPARAMBIL VEETIL MUTHOOR P.O., KALTOOKARA MURI, THIRUVALLA PIN - 689 107. |
| 17. |
VICTORIA AISAYYA PAUL, T.C.2/3312, CHALAKUZHY ROAD, PATTAM P.O. THIRUVANANTHAPURAM PIN - 695 004. |
| 18. |
WILSON I. PAUL, L.M.HOSTEL T.C.2/3312, CHALAKUZHY ROAD, PATTOM P.O. THIRUVANANTHAPURAM PIN - 695 004. |
| 19. |
GABRIEL VINCENT, L.M.HOSTEL, T.C.2/3312, CHALAKUZHY ROAD, PATTOM P.O. THIRUVANANTHAPURAM PIN - 695 004. |
C.R.P.No.383 of 2012
: 3 :
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.No. 383 of 2012
Dated this the 26th day of September, 2012
O R D E R
The court below has by the order impugned permitted
the legal heirs of the first plaintiff to re-open the suit. The suit happened to be dismissed earlier with the deceased first plaintiff on the party array. The legal heirs of the first plaintiff had filed applications for restoration after condoning the delay. The same were rejected by the court below which was challenged in W.P. (C) No.10675 of 2008 on the file of this Court.
There is no infirmity in the order impugned and the Civil Revision Petition is hence dismissed.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether there is any infirmity in the order permitting legal heirs to re-open a previously dismissed suit.
K.V. Sarada Wilson and Ors.
Cherian Family Members and Ors.
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
