The Revenue Divisional Officer vs K.A.Savithri Amma
2021 Latest Caselaw 17559 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. 711 OF 1997

              LAR 253/1992 OF PRINCIPAL SUB COURT, KOZHIKODE

                                   ---

PETITIONERS/ADDITIONAL PETITIONERS 1 TO7 /LEGAL HEIRS OF RESPONDENT IN THE
L.A.A.:

 K.A.SAVITHRI AMMA,THRIPTHI HOUSE,(P.O.) THAYANGAD,PONNANI,

 MALAPPURAM (DIED).

1.AMBUJAKSHI K.A.,AGED 69 YEARS,D/O.K.A.SAVITHRI AMMA,THRIPTHI HOUSE,
(PO),THAYANGAD,PONNANI,MALAPPURAM.

2.JAYASREE K.A.,AGED 63 YEARS,D/O.K.A.SAVITHRI AMMA,

PARATHODI HOUSE,CHALAKKAD(PO),   CHELAKKARA,THRISSUR.

3.USHADEVI K.A.,AGED 60 YEARS,D/O.K.A.SAVITHRI   AMMA,,

'SHIVAM',NARUKARA PO,MANJERI,MALAPPURAM.




4.UMADEVI K.A.,AGED 59 YEARS,D/O.K.A.SAVITHRI AMMA,PATTATHIL HOUSE,

   KOLATHARA(PO),CHERUVANNUR,KOZHIKODE.

5.MINI M.,W/O.JAYAMOHAN,AGED 65 YEARS,SREERAGAM,

 POTTAPPADI,RAMANATTUKARA,KOZHIKODE.

6.MEGHA M.J.,AGED 36 YEARS,D/O.JAYAMOHAN, ADWAITHAM,    NEAR VILLAGE
OFFICE, THIRUVALI P.O., MALAPPURAM.

7.VARSHA M.J., AGED 34 YEARS,D/O.JAYAMOHAN, AGED 65 YEARS,    SREERAGAM,
POTTAPPADI, RAMANATTUKARA, KOZHIKODE.




                                                                       P.T.O.
 RESPONDENT/APPELLANT 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.1032/2002
dated 30.4.2009 to the court of the Principal Subordiante 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.KRISHNA KUMAR,JAMALUDHEEN K.M. & 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.711 of 1997
                                  &
            I.A No.1 of 2021 in L.A.A No.711 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 additional applicants as additional respondents 2

to 8 in the L.A.A. and additional petitioners 2 to 8 in the

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

K.A. Savithri Amma, the 1st respondent/claimant in L.A.A.No.711

of 1997, who died on 25.01.2010, after the judgment of the Apex

Court in Civil Appeal No.1032 of 2002 dated 30.04.2009.

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

2 to 8 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 legal heirs of the deceased

1st respondent/claimant in L.A.A.No.711 of 1997, under Order XLV

Rule 15 of the Code of Civil Procedure, 1908, seeking an order to

I.A No.2 of 2021 in L.A.A No.711 of 1997 & I.A No.1 of 2021 in L.A.A No.711 of 1997

transmit the order dated 30.04.2009 of the Apex Court in Civil

Appeal No.1032 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.

I.A No.2 of 2021 in L.A.A No.711 of 1997 & I.A No.1 of 2021 in L.A.A No.711 of 1997

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 03.03.2021 is allowed by ordering

transmission of the Order of the Apex Court in Civil Appeal

No.1032 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