Allowed

Gandhi Seva Sadan Charitable Trust v. the Secretary

Kerala HC10 Nov 2022RFA/31/2021

Case brief

AI extract

What is this about?

The High Court of Kerala set aside impugned judgments dismissing four O.S. cases tried jointly where a defendant died without reporting during trial. The disposals were remitted along with the O.S. No. 102 of 2014 for reconsideration before the lower court after impleading legal heirs.

What did the court decide?

The impugned judgments in all appealed O.S. cases are set aside and cases are remanded to the Additional Sub Court, Palakkad for reconsideration and disposal after impleading legal heirs of the deceas

Gandhi Seva Sadan Charitable Trust Vs the Secretary — Property and Title | Kerala HC (2022)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,

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1944

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RFA NO. 8 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OS 102/2014 OF ADDITIONAL SUB COURT, PALAKKAD

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APPELLANT/PLAINTIFF:

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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.

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BY ADVS. JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB

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RESPONDENT/DEFENDANT:

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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.

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BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI

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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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..2..

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,

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1944

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RFA NO. 9 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OS 361/2009 OF ADDITIONAL SUB COURT (ADDITIONAL), PALAKKAD

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APPELLANT/PLAINTIFF:

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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

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BY ADVS. JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB

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RESPONDENTS/DEFENDANTS:

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1 PADMINI ANAND, AGED 69 YEARS, W/O. R.K. ANAND, GANDHI SEVA SADAN P.O., PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT 679 302,

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2 NALINI ANAND, AGED 66 YEARS, W/O. BABANANAD, R/A SREELAKAM, GANDHI SEVA SADAN P.O., PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT, 679 302

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3 RAGINI.K., AGED 62 YEARS, W/O. BALAKRISHNAN, PRINCIPAL, SEVA MANDIR, RAMANATUKARA P.O., CALICUT 673 633

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..3..

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4 SECRETARY, SEVA SADAN, GANDHI SEVA SADAN.P.O., PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT 679 302

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5 SEVA SADN SOCIETY, GANDHI SEVA SADAN.P.O., PERUR, PALAKKAD 679 302, REPRESENTED BY ITS SECRETARY, PADMINI ANAND

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BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI

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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:

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..4..

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,

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1944

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RFA NO. 31 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OS 362/2009 OF ADDITIONAL SUB COURT, PALAKKAD

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APPELLANT:

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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.

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BY ADVS. K.V.WINSTON ANU JACOB

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RESPONDENTS:

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1 THE SECRETARY, SEVA SADAN ,GANDHI SEVA SADN P.O., PERUR , PALAKKAD 679 302.

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2 PADMINI ANAND, W/O.R.K.ANAND, AGED 60 YEARS, SECRETARY SEVA SADAN GANDHI SEVA SADAN P.O., PERUR ,PALAKKAD TALUK, PALAKKAD DISTRICT.

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3 NALINI ANAND, W/O. BABANANAD , AGED 57 YEARS, R/A.SREELAKAM GANDHI SEVA SADAN P.O.PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT.

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BY ADVS.

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N.M.MADHU

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..5..

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C.S.RAJANI

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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:

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..6..

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,

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1944

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RFA NO. 32 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OS 66/2015 OF ADDITIONAL

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SUB COURT, PALAKKAD

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APPELLANT:

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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.

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BY ADVS. K.V.WINSTON ANU JACOB

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RESPONDENTS:

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1 VASANTHI, W/O.HARIKUMAR, AGED 49 YEARS, R/A VASANTHAM GANDHI SEVA SADAN P.O., PERUR , PALAKKAD TALUK, PALAKKAD DISTRICT

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2 HARIKUMAR, S/O.LATE SADANAM KUMARAN, AGED 54 YEARS, R/A VASANTHAM GANDHI SEVA SADAN P.O., PERUR, PALAKKAD TALUK, PALAKKAD DISTRICT

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3 SECRETARY, GANDHI SEVA SADAN , GANDHI SEVA SADAN P.O., PERUR , PALAKKAD TALUK, PALAKKAD DISTRICT

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BY ADVS. N.M.MADHU C.S.RAJANI

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..7..

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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:

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..8..

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J U D G M E N T

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[RFA Nos.8/2019, 9/2019, 31/2021, 32/2021]

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A. Muhamed Mustaque, J

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These appeals are filed by the plaintiffs in

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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

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regard to the date of the death of Nalini Anand.

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All the cases were tried jointly. It is

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unfortunate that none had reported the death of

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Nalini Anand before the Court below. The learned

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Judge after putting a lot of efforts, by a detailed judgment, dismissed the suit.

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In such circumstances, the only way is

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to set aside the impugned judgment, wherein

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Nalini Anand is a party. In view of the fact

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that O.S No.102 of 2014 was also tried along with other cases, it is appropriate that the above

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..9..

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case is also to be set aside and remanded back

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for reconsideration along with other cases. We, accordingly, set aside the impugned judgment in all these cases and direct the parties to appear

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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

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are impleaded, the Court shall give an opportunity to both sides to adduce evidence.

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The suits shall be disposed of, untrammeled by the findings and observations in the impugned judgment.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE Sd/SHOBA ANNAMMA EAPEN, JUDGE

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RFA Nos.8/2019, 9/2019, 31/2021 and 32/2021

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..10..

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APPENDIX OF RFA 31/2021

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RESPONDENT ANNEXURES

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Annexure R1(a) True copy of the notice dated 19.09.2022 issued by the Mankara Grama Panchayat to the petitioner

Gandhi Seva Sadan Charitable Trust v. the Secretary

Case brief

What is this about?

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Gandhi Seva Sadan Charitable Trust v. the Secretary

Case brief

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