A bailiff dismissed an application to implead additional defendants in a suit for title by adverse possession. The petitioner ignored the legal entitlement of his children. The High Court held the dismissal correct.
The application to implead additional defendants was dismissed, and the original petition was 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 K.ABRAHAM MATHEW
THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
OP(C).No. 185 of 2016 (O)
OS 181/2009, OS 3/2009 AND OS. 19/2009 OF MUNSIFF COURT, ATTINGAL
PETITIONER(S):
-----------------------
SADANANDAN, S/O.NARAYANAN, USHA NIVAS, SASTHAVATTOM, VEILOOR VILLAGE, THIRUVNANTHAPURAM DISTRICT.
BY ADVS.SRI.P.K.MUHAMMED SRI.DR.K.M.GEORGE
RESPONDENT(S):
-------------------------
1. AJITH GOPALAKRISHNAN,
2. REMANI,
3. REMA SABU,W/O.SABU, NOW RESIDING AT
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2016,
msv/
OP(C).No. 185 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
K.ABRAHAM MATHEW, J.
=======================
O.P.(C) No.185 of 2016
============================ Dated this the 21st day of January, 2016
JUDGMENT
Petitioner is the plaintiff in O.S No.181 of 2009. The suit is
for declaration of his title by adverse possession. When the suit came up for trial, he filed I.A No.2999 of 2015 to implead his own children and some others as additional defendants. By Ext.P6 order the learned Munsiff has dismissed it.
O.P.(C) No.185/2016
2
In the result, this original petition is dismissed.
Sd/-
K.ABRAHAM MATHEW , JUDGE
vdv/21/01/16
3 issues framed by the court
Whether the learned Munsiff was right in dismissing the application to implead additional defendants in a suit for declaration of title by adverse possession.
Whether the plaintiff's failure to implead his own entitled children in the suit was a ground for dismissal.
Whether the application to implead additional defendants should have been allowed despite the pending suit duration.
1 provisions across 1 enactments
SADANANDAN
AJITH GOPALAKRISHNAN
REMANI
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
