Partly allowed

Amruthavally v. C.Sarojini Amma

Kerala HC17 Nov 2012OP(C)/3663/2012

Case brief

AI extract

What is this about?

The High Court of Kerala affirmed the order below refusing to implead petitioners as legal representatives in summary proceedings. The Court reserved the right to file a fresh suit regarding succession to a 'marumakkathayi' estate via a Will.

What did the court decide?

The order affirming the lower court was made fully save for the reservation regarding the fresh suit. The Original Petition was disposed of.

Amruthavally Vs C.Sarojini Amma — Succession and Inheritance | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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SATURDAY, THE 17TH DAY OF NOVEMBER 2012/26TH KARTHIKA 1934

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OP(C).No. 3663 of 2012 (O)

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OS.282/1984 of ADDL.MUNSIFF COURT I KOZHIKODE

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PETITIONER(S):

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AMRUTHAVALLY,

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D/O.AMMU AMMA CHANGALODIYIL AMBALAMOLI NADUVALLUR AMSOM DESOM, KOZHIKODE.

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VENUGOPALAN

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S/O.AMMU AMMA CHANGALODIYIL AMBALAMOLI NADUVALLUR AMSOM DESOM, KOZHIKODE

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V.C.UDAYAKUMARAN NAIR,

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S/O.AMMU AMMA CHANGALODIYIL AMBALAMOLI VETTUVOTE HOUSE, NADUVALLUR AMSOM DESOM, KOZHIKODE.

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V.C.ARAVINDAKSHAN NAIR S/O.AMMU AMMA CHANGALODIYIL AMBALAMOLI NADUVALLUR AMSOM DESOM, KOZHIKODE

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BY ADVS.SRI.T.SETHUMADHAVAN

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SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR

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RESPONDENT(S):

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C.SAROJINI AMMA

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W/O.LATE C.DAMODARAN NAIR, NADUVALLOOR AMSOM DESOM KAKKOOR VILLAGE AND P.O. KOZHIKODE DISTRICT-695 004.

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(PERSONS SHOWN AS RESPONDENTS IN THE ORDER OF THE COURT BELOW IS DEAD AND THE RESPONDENT HEREIN IS IMPLEADED AS SUPPLEMENTAL 3RD APPELLANT IN THE SECOND APPEAL SA NO. 366/1997.)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3663/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE AFFIDVIT ACCOMPANYING IA NO.2584/2011 AND THE APPLICATION FILED BY THE PETITIONERS.

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EXHIBIT P2. TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT IN IA NO.2584/2011.

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EXHIBIT P3. TRUE COPY OF THE ADDITIONAL MUNSIFF COURT-I, IN IA NO.2584/2011 IN OS NO.282/1984 DATED 3/1/2012.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 3663 OF 2012

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Dated this the 17^th day of November, 2012

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JUDGMENT

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The respondent (C. Sarojini Amma) and her sister C. Vasumathi Amma have already been impleaded as the legal representatives of deceased P. Ganga Devi in S.A. No. 366/1997 on the file of this court. Such impleadment in summary proceedings is final even after the remand in S.A. No. 366/1997 in O.S. No. 282/1984 on the file of the court of the Munsiff of Kozhikode.

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The order aforesaid will not however operate as a bar to the petitioners in filing a fresh suit on the basis of a 'Will' dated 05.12.2005 allegedly executed by P. Ganga Devi in a separate suit. The question of succession to the estate of a 'marumakkathayi' family as per Section 17 of the Hindu Succession Act can also be agitated therein.

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I am fortified in this view by the decision of the Supreme Court in Suresh Kumar Bansal Vs. Krishna Bansal [ 2010 (2) SCC 162] . The order of the court below refusing to implead the petitioners as the legal

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OP(C) No. 3663/2012

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representatives of deceased P. Ganga Devi in the proceedings after remand in S.A. No. 366/1997 calls for no interference.

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The order of the court below is affirmed subject to the above reservation and the Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Amruthavally v. C.Sarojini Amma

Case brief

What is this about?

What did the court decide?

Amruthavally v. C.Sarojini Amma

Case brief

What is this about?

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