Allowed

Mannethodi Mohammed v. Orithodi Chakkingal Kamalakshi

Kerala HC11 Dec 2012OP(C)/4241/2012

Case brief

AI extract

What is this about?

The High Court affirmed the lower court's decision allowing amendment of cause title to implead legal heirs of the original plaintiff, clarifying no separate impleadment is needed for heirs already represented. It deferred trial for defendants to prepare and clarified the impleadment status for the supplemental third plaintiff’s heirs.

What did the court decide?

Affirmed the lower court's order subject to clarification that trial shall be deferred by two weeks; disposed of the Original Petition.

Mannethodi Mohammed Vs Orithodi Chakkingal Kamalakshi — Property and Title | 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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TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934

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OP(C).No. 4241 of 2012 (O)

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IA.NO.716/2012 IN OS.23/1981 of SUB COURT, MANJERI

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PETITIONER(S):

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MANNETHODI MOHAMMED, AGED 96 YEARS S/O. MANNETHODI AHAMEDKUTTY VALLUVAMBRAM AMSOM DESOM, ERNAD TALUK MALAPPURAM DISTRICT.

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BY ADVS.SRI.T.SETHUMADHAVAN

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SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR

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SMT.VANDANA MENON

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RESPONDENT(S)/(LRS OF THE ORIGINAL PLAINTIFF):

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ORITHODI CHAKKINGAL KAMALAKSHI

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ORITHODI CHAKKINGAL KRISHNANKUTTY NAIR

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ORITHODI CHAKKINGAL KARUNAKARAN

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ORITHODI CHAKKINGAL ACHUTHAN

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ORITHODI CHAKKINGAL CHANDRASEKHARAN

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ORITHODI CHAKKINGAL VIJAYALAKSHMI

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DECEASED PARUKKUTTY AMMA'S DAUGHTER DECEASED HAIMAVATHI'S CHILDREN - RAJANI

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USHA

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SINDHU

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(RESPONDENTS ARE RESIDNG AT POOKKOTTOOR HOUSE VELOOR P.O.

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ERNAD TALUK, MALAPPURAM DIST. PIN.676517)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 4241/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1TRUE COPY OF THE AFFIDAVIT ACCOMPANYING I.A.NO.716/2012 IN OS.23/1981 DT.16-3-2012

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EXHIBIT-P2 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ON 21-32012 TO EX.P1 APPLICATION

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EXHIBIT-P3 - TRUE COPY OF THE AFFIDAVIT ACCOMPANYING I.A.NO.698/2012 IN O.S.NO.23/1981 DT.14-3-2012

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EXHIBIT-P4 - TRUE COPY OF THE COUNTER STATEMENT WAS FILED BY THE 4TH PLAINTIFF TO EXT.P3 DATED 16-3-2012

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EXHIBIT-P5 - TRUE COPY OF THE ORDER IN I.A.NO.716/2012 IN OS.23/1981 DT.4-102012

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EXHIBIT-P6 - TRUE COPY OF THE ORDER IN IA.NO.698/2012 IN OS.23/1981 DT.4-102012

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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. 4241 OF 2012

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Dated this the 11^th day of December, 2012

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JUDGMENT

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The original plaintiff in a suit for recovery of possession on title died pending appeal suit and her legal heirs were impleaded therein. The Regular Second Appeal arising therefrom was remanded and therefore there is no necessity to implead the legal heirs of the original plaintiff again in the suit. The court below has by the order impugned permitted amendment of the cause title to bring the legal heirs of the original plaintiff on record.

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The legal heirs of the supplemental third plaintiff who died pending Regular Second Appeal are however not impleaded. The question whether there is necessity to bring on record the legal heirs of the supplemental third plaintiff will be decided in the suit. The order of the court below permitting amendment of the cause title after overruling the objection of the defendant to dismiss the suit cannot be faulted with.

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OP(C) No. 4241/2012

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The order of the court below is affirmed subject to the above clarification. The court below shall defer the trial of the

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suit by two weeks to enable the defendant to get ready.

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The Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Mannethodi Mohammed v. Orithodi Chakkingal Kamalakshi

Case brief

What is this about?

What did the court decide?

Mannethodi Mohammed v. Orithodi Chakkingal Kamalakshi

Case brief

What is this about?

What did the court decide?

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