State Ofkerala vs C.Kunhilakshmi
2021 Latest Caselaw 17548 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.2/2021 IN LA.APP. NO. 738 OF 1997

              LAR 250/1992 OF PRINCIPAL SUB COURT, KOZHIKODE.

                                   ---

PETITIONERS/ADDITIONAL PETITIONERS 2 AND 3/RESPONDENTS IN THE LAA:

  C.VIJAYALKSHMI AMMA,'NAYANAM',(PO) PAPPIRIPARA,MANJERI,

  ERNAD TALUK,MALAPPURAM DISTRICT.(DIED).

1.C.RAVEENDRANATHAN,S/O.C.KUNHILAKSHMI AMMA,AGED 66 YEARS,

  'NAYANAM',(PO) PAPPIRIPARA,MANJERI,ERANAD TALUK,

   MALAPPURAM DISTRICT.

2.PRAMOD CHERUKATT,S/O.C.VIJAYALAKSHI,RESIDING AT C.NO.95,

  9TH CROSS,KPC LAYOUT,HOSA ROAD,BEHIND AISHWARYA STORE,

  KASAVANAHALLI,KAIKONDAHALLI,BANGLORE-560035.

  REPRESENTED HY POWER OF ATTORNEY HOLDER C.RAVEENDRANATHAN,

  S/O.C.KUNHILAKSHMI AMMA,AGED 66 YEARS,.NAYANAM',

  (PO) PAPPIRIPARA,ERANAD TALUK,MALAPPURAM DISTRICT.

3.PRASANTH CHERUKATT,S/O.C.VIJAYALAKSHI,RESIDING AT CKR KUTTY 24,

  PAVITHRAM,6TH MAIN,6TH CORSS,D BLOCK,AECS LAYOUT,KUNDANAHALLI,

  MARATHASHALLI COLONY,BANGALOORE NORTH-560037.

  REPRESENTED BY POWER OF ATTORNEY HOLDER C.RAVEENDRANATHAN,

  S/O.KUNHILAKSHMI AMMA,AGED 66 YEARS 'NAYANAM',(PO)PAPPIRIPARA,

  MANJERI,ERANAD TALUK,MALAPPURAM DISTRICT.




                                                                     P.T.O.
 RESPONDENT/APPELLANT IN LAA:


  STATE OFKERALA,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 tansmission
of the Order of the Hon'ble Supreme Court in Civil Appeal No.1035/2002
dated 30-4-2009 to the court of the Principal Subordinate Judge, Kozhikode
for executing the same.


     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.KRISHNAKUMAR, JAMALUDHEEN K.M. & LATHA PRABHAKARAN, Advocates
for the petitioners and of GOVERNMENT PLEADER, the court passed the
following:
               ANIL K. NARENDRAN & K.BABU, JJ.
                  ------------------------------------
             I.A No.1 of 2021 in L.A.A No.738 of 1997
                                   &
             I.A No.2 of 2021 in L.A.A No.738 of 1997
                  ------------------------------------
              Dated this the 26th day of August, 2021

                              ORDER

Anil K. Narendran, J.

I.A No.1 of 2021

This is an application filed by the applicants seeking an

order to implead additional applicants as additional respondents 4

and 5 in the L.A.A. and additional petitioners 2 and 3 in the

transmission petition, i.e., I.A.No.2 of 2021, as the legal heirs of

C.Vijayalakshmi Amma, the respondent/claimant in L.A.A.No.738

of 1997, who died on 01.06.2011, after the judgment of the Apex

Court in Civil Appeal No.1035 of 2002 dated 30.04.2009.

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

2 and 3 to prosecute the transmission petition, i.e., I.A.No.2 of

2021, on condition that the legal heirship certificate is produced

before the Execution Court.

I.A No.2 of 2021

This is an application filed by the respondents in

L.A.A.No.738 of 1997 and 2 others, under Order XLV Rule 15 of

the Code of Civil Procedure, 1908, seeking an order to transmit

the order dated 30.04.2009 of the Apex Court in Civil Appeal

I.A No.1 of 2021 in L.A.A No.738 of 1997 & I.A No.2 of 2021 in L.A.A No.738 of 1997

No.1035 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

application filed on 02.03.2021 is allowed by ordering

I.A No.1 of 2021 in L.A.A No.738 of 1997 & I.A No.2 of 2021 in L.A.A No.738 of 1997

transmission of the Order of the Apex Court in Civil Appeal

No.1035 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