Dismissed

P.V. Sreemathi v. Radha P.V.

Kerala HC7 Mar 2018RFA/494/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an impleading application filed by an appellant seeking to add legal heirs of a deceased co-appellant as additional appellants, holding it unmaintainable. The court further held the principal appeal abated due to the death of an appellant without proper impleadment of legal representatives.

What did the court decide?

IA No.1745/2013 dismissed; RFA No. 494 of 2013 closed as abated.

P.V. Sreemathi Vs Radha P.V. — Civil Procedure and Limitation | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939

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RFA.No. 494 of 2013

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AGAINST THE DECREE & JUDGMENT DATED 31.10.2012 IN OS 83/2010 OF PRINCIPAL SUB COURT, THALASSERY

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APPELLANTS/PLAINTIFFS

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1 P.V. SREEMATHI, D/O.GOPALAN, OCCUPATION NIL, AGED 82 YEARS,

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RESIDING AT PARAMBATH HOUSE, VADAKKUMBAD

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P.O., ERANHOLI AMSOM, VADAKKUMBAD DESOM, THALASSERY

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TALUK, KANNUR DISTRICT-670 102.

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2 SOMAN P.V., S/O.GOPALAN, OCCUPATION NIL,

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AGED 70 YEARS, RESIDING AT PARAMBATH HOUSE, VADAKKUMBAD

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P.O., ERANHOLI AMSOM, VADAKKUMBAD DESOM, THALASSERY

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TALUK, KANNUR DISTRICT-670 102.

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BY ADVS.SRI.B.KRISHNAN

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SRI.R.PARTHASARATHY SRI.RAJESH V.NAIR

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RESPONDENTS/DEFENDANTS :

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1. RADHA P.V., D/O.GOPALAN, OCCUPATION NIL,

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AGED 72 YEARS, RESIDING AT VELLOTH HOUSE,

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TEMPLE GATE, THALASSERY AMSOM, VADAKKUMBAD DESOM-670 102.

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2. SREEDHARAN P.V., S/O.GOPALAN, OCCUPATION NIL,

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AGED 74 YEARS, RESIDING AT VELLOTH HOUSE,

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TEMPLE GATE, THALASSERY AMSOM, VADAKKUMBAD DESOM-670 102.

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3. KOTTAYADAN VELLOTH SHAHINA

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D/O.LATE RAJAGOPALAN, AGED 35 YEARS, RESIDING AT VELLOTH HOUSE, TEMPLE GATE, THALASSERY AMSOM, VADAKKUMBAD DESOM-670 102.

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4. KOTTAYADAN VELLOTH DIVYA D/O.LATE RAJAGOPALAN, AGED 31 YEARS, RESIDING AT VELLOTH HOUSE,

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TEMPLE GATE, THALASSERY AMSOM, VADAKKUMBAD DESOM-670 102.

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5. KOTTAYADAN VELLOTH SHANIL

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S/O.LATE RAJAGOPALAN, AGED 33 YEARS, RESIDING AT VELLOTH HOUSE, TEMPLE GATE, THALASSERY AMSOM, VADAKKUMBAD DESOM-670 102.

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R1 BY ADV. SRI.R.SURENDRAN

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THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

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R.F.A. No. 494 of 2013

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Dated this the 7^th day of March, 2018

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J U D G M E N T

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This appeal was filed by the plaintiffs in the suit, the decree in which is challenged.

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2.The second appellant filed IA No.1745/2013 to implead the legal heirs of the first appellant as additional appellants who died on 15.05.2013. The appeal was filed on 20.05.2013. It means that on the date of filing of the appeal, the first appellant was already dead. The impleading application is not maintainable. That apart, the person who wants to get impleaded as an appellant should himself file an application. One appellant cannot implead the legal heirs of another appellant as additional appellants. He may file an application to implead them as additional respondents. On this ground also this application is not maintainable.

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3.The learned counsel for respondents 1 & 2 have filed a memo (dated 28.02.2017) stating that the second

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R.F.A. No. 494 of 2013

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..2..

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appellant died on 17.04.2015. No application has been filed by his legal representatives to get themselves impleaded as additional appellants. The appeal abated. In the result, IA No.1745/2013 is dismissed, and the appeal is closed as abated.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/

P.V. Sreemathi v. Radha P.V.

Case brief

What is this about?

What did the court decide?

P.V. Sreemathi v. Radha P.V.

Case brief

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