The High Court of Kerala set aside the impugned judgment in multiple original suits that were dismissed. The court ordered the matters remanded to the lower court for reconsideration due to the unreported death of a party in other related suits tried jointly.
Judgment set aside; parties directed to appear before lower court on 18.11.2022.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
RFA NO. 8 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 102/2014 OF ADDITIONAL SUB COURT, PALAKKAD
APPELLANT/PLAINTIFF:
GANDHI SEVA SADAN CHARITABLE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, RAVIKUMAR, S/O.LATE SADANAM KUMARAN, AGED 64 YEARS, GANDHI SEVA SADAN CHARITABLE TRUST, GANDHI SEVA SADAN P.O., PATHIRIPALA, PALAKKAD DISTRICT.
BY ADVS. JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB
RESPONDENT/DEFENDANT:
SEVA SADAN SOCIETY, GANDHI SEVA SADAN P.O., PERUR, PALAKKAD-679 302, REPRESENTED BY ITS SECRETARY, PADMINI ANAND, W/O.R.K.ANAND, AGED 68 YEARS, GANDHI SEVA SADAN P.O., PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT.
BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022, ALONG WITH RFA.9/2019, 31/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
RFA NO. 9 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 361/2009 OF ADDITIONAL SUB COURT (ADDITIONAL), PALAKKAD
APPELLANT/PLAINTIFF:
GANDHI SEVA SADAN CHARITABLE TRUST REPRESENTED BY ITS MANAGING TRUSTEE, RAVIKUMAR, S/O. LATE SADANAM KUMARAN, AGED 64 YEARS, GANDHI SEVA SADAN CHARITABLE TRUST, GANDHI SEVA SADAN.P.O., PATHIRIPALA, PALAKKAD DISTRICT
BY ADVS. JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB
RESPONDENTS/DEFENDANTS:
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..3..
BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022, ALONG WITH RFA.8/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..4..
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
RFA NO. 31 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 362/2009 OF ADDITIONAL SUB COURT, PALAKKAD
APPELLANT:
GANDHI SEVA SADAN CHARITABLE TRUST REPRESENTED BY ITS MANAGING TRUSTEE RAVIKUMKAR, S/O/LATE SRI SADANAM KUMARAN, AGED 55 YEARS GANDHI SEVA SADAN CHARITABLE TRUST, GANDHI SEVA SADAN P.O. PATHIRIPALA , PALAKKAD DISTRICT.
BY ADVS. K.V.WINSTON ANU JACOB
RESPONDENTS:
BY ADVS.
N.M.MADHU
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..5..
C.S.RAJANI
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022, ALONG WITH RFA.8/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,
1944
RFA NO. 32 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 66/2015 OF ADDITIONAL
SUB COURT, PALAKKAD
APPELLANT:
GANDHI SEVA SADAN CHARITABLE TRUST REPRESENTED BY ITS MANAGING TRUSTEE, RAVIKIMAR, S/O.LATE SADANAM KUMARAN, AGED 64 YEARS, GANDHI SEVA SADAN P.O., PATHIRIPALA , PALAKKAD.
BY ADVS. K.V.WINSTON ANU JACOB
RESPONDENTS:
BY ADVS. N.M.MADHU C.S.RAJANI
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..7..
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10.11.2022, ALONG WITH RFA.8/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..8..
J U D G M E N T
[RFA Nos.8/2019, 9/2019, 31/2021, 32/2021]
A. Muhamed Mustaque, J
These appeals are filed by the plaintiffs in
O.S Nos. 361/2009, 362/2009, 102/2014 and 66/2015. One of the defendants in all suits except in O.S No.102 of 2014 is Nalini Anand. Nalini Anand passed away on 30.08.2016. The judgment in these cases was rendered on 23.06.2020. The parties have no dispute in
regard to the date of the death of Nalini Anand.
All the cases were tried jointly. It is
unfortunate that none had reported the death of
Nalini Anand before the Court below. The learned
Judge after putting a lot of efforts, by a detailed judgment, dismissed the suit.
to set aside the impugned judgment, wherein
Nalini Anand is a party. In view of the fact
that O.S No.102 of 2014 was also tried along with other cases, it is appropriate that the above
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
..9..
case is also to be set aside and remanded back
for reconsideration along with other cases. We, accordingly, set aside the impugned judgment in all these cases and direct the parties to appear
before the Court below on 18.11.2022. The records be sent forthwith. The learned counsel for the appellants seeks permission of this Court to put up additional construction to satisfy the AICTE norms to run the college namely, SICOMS in accordance with the AICTE norms. The appellants can very well seek such permission before the Court below. If the legal heirs of Nalini Anand
are impleaded, the Court shall give an opportunity to both sides to adduce evidence.
The suits shall be disposed of, untrammeled by the findings and observations in the impugned judgment.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/SHOBA ANNAMMA EAPEN, JUDGE
PR
RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021
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APPENDIX OF RFA 31/2021
RESPONDENT ANNEXURES
Annexure R1(a) True copy of the notice dated 19.09.2022 issued by the Mankara Grama Panchayat to the petitioner
2 issues framed by the court
Whether the judgment dismissing the suits should be set aside due to the death of a party not reported before the lower court
Whether the suits should be remanded for reconsideration regarding additional construction for AICTE norms
Gandhi Seva Sadan Charitable Trust
Padmini Anand
Nalini Anand
Ragini.K.
Secretary, Seva Sadan
Seva Sadan Society
A.Muhammed Mustaque
Shobamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
