Revenue Divisional Officer vs Kolencheri Vasu
2021 Latest Caselaw 17547 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                     THE HONOURABLE MR.JUSTICE K. BABU
          Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
                  IA.NO.1/2021 IN LA.APP. NO. 565 OF 1997

              LAR 223/1992 OF PRINCIPAL SUB COURT, KOZHIKODE.

                                      ---

PETITIONERS/RESPONDENTS IN THE LAA:

  KOLENCHERI VASU (DIED) KAKKATTUKUNNU HOUSE,

  FEROKE (PO), KOZHIKODE.

1.KOLENCHERY THANKAM,AGED 76 YEARS, W/O.KOLENCHERY VASU,    KOLENCHERY
HOUSE,FEROKE (P.O.),KOZHIKODE.

2.KOLENCHERY VALSALA,AGED 58 YEARS, D/O.KOLENCHERY VASU,    KOLENCHERY
HOUSE, FEROKE (P.O.), KOZHIKODE.

3.KOLENCERY BABY,AGED 56 YEARS, D/O.KOLENCHERY VASU,   KOLENCHERY HOUSE,
FEROKE (P.O.), KOZHIKODE.

4.KOLENCHERY RAMESH,AGED 54 YEARS, S/O.KOLENCHERY VASU,    KOLENCHERY
HOUSE, FEROKE (P.O.), KOZHIKODE.

5.KOLENCHERY SURESH, S/O.KOLENCHERY VASU,   KOLENCHERY HOUSE, FEROKE
(P.O.), KOZHIKODE.

6.KOLENCHERY ANILA,AGED 49 YEARS, D/O.KOLENCHERY VASU,    KOLENCHERY HOUSE,
FEROKE (P.O.), KOZHIKODE.

7.KOLENCHERY SATHEESHAN,AGED 47 YEARS,S/O.KOLENCHERY VASU,

  KOLENCHERY HOUSE, FEROKE (P.O.), KOZHIKODE.

8.NISHA, W/O.KOLENCHERY SURESH, RESIDING AT KOLENCHERY HOUSE,

  FEROKE (P.O.), KOZHIKODE.

9.AMAL K.C., S/O.KOLENCHERY SURESH, RESIDING AT KOLENCHERY HOUSE,

  FEROKE (P.O.), KOZHIKODE.

                                                                        P.T.O.
 10.ADHISH K.C., W/O.KOLENCHERY SURESH, RESIDING AT KOLENCHERY HOUSE,

   FEROKE (P.O.), KOZHIKODE.

RESPONDENT/APPLICANT IN LAA:

 STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,

 SECRETARIAT,THIRUVANANTHAPURAM,KERALA STATE-695001.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to order transmission
of the Order of the Hon'ble Supreme Court in Civil Appeal No.1027/2002
dated 30.04.2009 to the court of the Principal Subordinate Judge,
Kozhikode for executing the aame.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and upon hearing the arguments
of M/S..K.K.KRISHNA KUMAR, JAMALUDHEEN K.K. & LATHA PRABHAKARAN, Advocates
for the petitioners and of GOVERNMENT PLEADER, for the respondent, the
court passed the following:


                                                                    P.T.O.
                 ANIL K. NARENDRAN & K.BABU, JJ.
                    ------------------------------------
               I.A No.2 of 2021 in L.A.A No.565 of 1997
                                     &
               I.A No.1 of 2021 in L.A.A No.565 of 1997
                    ------------------------------------
                Dated this the 26th day of August, 2021

                               ORDER

Anil K. Narendran, J.

I.A No.2 of 2021

This is an application filed by the applicants seeking an

order to implead the additional applicants as additional

respondents 8 to 10 in the L.A.A. and additional petitioners 8 to

10 in the transmission petition, i.e., I.A.No.1 of 2021, as the legal

heirs of Kolencheri Suresh, the supplementary 5th respondent in

L.A.A.No.565 of 1997, who died on 07.04.2009, after the

judgment of the Apex Court in Civil Appeal No.1027 of 2002

dated 30.04.2009.

I.A. is allowed as prayed for, so as to enable the petitioners

8 to 10 to prosecute the transmission petition, i.e., I.A.No.1 of

2021, on condition that the legal heirship certificate is produced

before the Execution Court.

I.A No.1 of 2021

This is an application filed by the respondents in L.A.A.No.565 of

1997 and 3 others, under Order XLV Rule 15 of the Code of Civil

Procedure, 1908, seeking an order to transmit the order dated

I.A No.2 of 2021 in L.A.A No.565 of 1997 & I.A No.1 of 2021 in L.A.A No.565 of 1997

30.04.2009 of the Apex Court in Civil Appeal No.1027 of 2002 to

the Principal Subordinate Judge's Court, Kozhikode, for executing

the same.

2. Order XLV Rule 15 deals with procedure to enforce

orders of the Supreme Court. As per sub-rule (1) of Rule 15,

whoever desires to obtain execution of any decree or order of the

Supreme Court shall apply by petition, accompanied by a certified

copy of the decree passed or order made in appeal and sought to

be executed, to the Court from which the appeal to the Supreme

Court was preferred. As per sub-rule (2) of Rule 15, such Court

shall transmit the decree or order of the Supreme Court to the

Court which passed the first decree appealed from, or to such

other Court as the Supreme Court by such decree or order may

direct, and shall (upon the application of either party) give such

directions as may be required for the execution of the same; and

the Court to which the said decree or order is to transmitted shall

execute it accordingly, in the manner and according to the

provisions applicable to the execution of its original decree.

3. Having considered the averments in the affidavit filed in

support of this interlocutory application and also the submissions

made by the learned counsel on both sides, this interlocutory

I.A No.2 of 2021 in L.A.A No.565 of 1997 & I.A No.1 of 2021 in L.A.A No.565 of 1997

application filed on 03.03.2021 is allowed by ordering

transmission of the Order of the Apex Court in Civil Appeal

No.1027 of 2002 dated 30.04.2009 to the Court of the Principal

Subordinate Judge, Kozhikode for execution.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

K.BABU, JUDGE KAS

26-08-2021 /True Copy/ Assistant Registrar