Kerala High Court
Devan vs Rakhi R.Nair on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
OP (FC).No.213 OF 2020
AGAINST THE ORDER IN I.A.NO.2090/2015 IN OP 193/2015 DATED 06-03-
2020 OF FAMILY COURT, PATHANAMTHITTA
-----
PETITIONER/S:
1 DEVAN, AGED 63 YEARS, S/O.GOVINDAN NAIR,
SOUPANAM HOUSE, MUDIYOORKONAM,
PANDALAM VILLAGE, ADOOR-689 501.
2 SUJAMMA @ SUJATHA KUMARI, AGED 55 YEARS
D/O.AMMINIAMMA, SOUPANAM HOUSE, MUDIYOORKONAM,
PANDALAM VILLAGE, ADOOR-689 501.
3 JAYAN PILLAI, AGED 56 YEARS,
S/O.GANGADHARAN NAIR, MANIMALA HOUSE,
V-KOTTAYAM MURI, KONNI-689 691.
4 AMMINIAMMA, AGED 83 YEARS,
W/O.LATE BHASKARAN NAIR,
KUMUKKATTU HOUSE, ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
BY ADVS.
SRI.G.UNNIKRISHNAN
SRI.K.SANEESH KUMAR
RESPONDENT/S:
1 RAKHI R.NAIR, AGED 39 YEARS,
W/O.LATE RAJASEKHARAN NAIR,
KUMBUKKATTU HOUSE, ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
2 LAKSHMI R.NAIR, AGED 18 YEARS,
D/O.RAKHI R.NAIR, KUMBUKKATTU HOUSE,
ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
O.P.(FC)Nos.213 & 231 of 2020 2
3 PARVANA R. NAIR, AGED 8 YEARS,
D/O.RAKHI R.NAIR, KUMBUKKATTU HOUSE, ARUVAPPULAM
P.O., PATHANAMTHITTA DISTRICT-689 691.
4 P.C.RAJENDRAN NAIR, RETD. SUB REGISTRAR,
RAMY SADANAM, PRAKKANAM P.O., PATHANAMTHITTA
DISTRICT-689 691.
R1-3 BY ADV. SRI.JOSE PALLATTUKARAN
R4 BY ADV. SRI.S.SAJU
R4 BY ADV. SRI.A.V.SAJAN
R4 BY ADV. SMT.NEELANJANA NAIR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH OP (FC).231/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(FC)Nos.213 & 231 of 2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
OP (FC).No.231 OF 2020
AGAINST THE ORDER IN I.A.1459/2017 IN O.P.NO.193/2015
OF FAMILY COURT, PATHANAMTHITTA
----
PETITIONER/S:
1 DEVAN, AGED 63 YEARS, S/O.GOVINDAN NAIR,
SOUPANAM HOUSE, MUDIYOORKONAM,
PANDALAM VILLAGE, ADOOR-689 501.
2 SUJAMMA @ SUJATHA KUMARI, AGED 55 YEARS,
D/O.AMMINIAMMA, SOUPANAM HOUSE, MUDIYOORKONAM,
PANDALAM VILLAGE, ADOOR-689 501.
3 JAYAN PILLAI, AGED 56 YEARS,
S/O.GANGADHARAN NAIR, MANIMALA HOUSE,
V-KOTTAYAM MURI, KONNI-689 691.
4 AMMINIAMMA, AGED 83 YEARS, W/O.LATE BHASKARAN
NAIR, KUMUKKATTU HOUSE, ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
BY ADVS.
SRI.G.UNNIKRISHNAN
SRI.K.G.MURALEEDHARAN UNNITHAN
SRI.K.SANEESH KUMAR
RESPONDENT/S:
1 RAKHI R. NAIR, AGED 39 YEARS,
W/O.LATE RAJASEKHARAN NAIR,
KUMBUKKATTU HOUSE, ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
O.P.(FC)Nos.213 & 231 of 2020 4
2 LAKSHMI R.NAIR, AGED 18 YEARS,
D/O.RAKHI R.NAIR, KUMBUKKATTU HOUSE,
ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
3 PARVANA R.NAIR, AGED 8 YEARS,
D/O.RAKHI R.NAIR, KUMBUKKATTU HOUSE,
ARUVAPPULAM P.O.,
PATHANAMTHITTA DISTRICT-689 691.
4 P.C.RAJENDRAN NAIR, RETD. SUB REGISTRAR,
RAMYA SADANAM PRAKKANAM P.O., PATHANAMTHITTA
DISTRICT-689 691.
5 JAYADEVAN, S/O.VASUDEVAN,
PLAVUNILKUNNATH HOUSE, ANGADICKAL VILLAGE,
ANGADICKAL SOUTH P.O.,
PATHANAMTHITTA DISTRICT-691 555.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH OP (FC).213/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(FC)Nos.213 & 231 of 2020 5
JUDGMENT
[ OP (FC).213/2020, OP (FC).231/2020 ]
Dated this the 9th day of February 2021
A.Muhamed Mustaque, J.
These matters relate to the orders passed in
O.P.No.193/2015 on the file of the Family Court,
Pathanamthitta. The above original petition was filed
by respondents 1 to 3 for cancellation of the sale deed
and consequential reliefs.
2. Pending the original petition, an application
was filed by respondents 1 to 3 to implead additional
respondents. They are Sub Registrar and witness to the
documents. That application was allowed. An amendment
petition has also been filed. Consequently, allowing
the impleading petition, the amendment petition was
also allowed. These orders are challenged in the
original petitions.
3. The learned counsel appearing for the
respondents, Sri.Jose Pallattukaran submits that
impleading petition was allowed, after issuing notice
to the proposed additional respondents in the
application. It is submitted that they never raised any
objection.
It is to be noted that additionally impleaded
respondents had not chosen to challenge the order. The
petitioners in this case are not prejudiced by such
impleadment. If at all any grievance can be raised,
that can be raised only by additionally impleaded
respondents. In such circumstances, we do not find any
merit in the original petitions. Accordingly, the
original petitions fail and are dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ln
APPENDIX OF OP (FC) NO.213/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OP NO.193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED IN OP NO.193
OF 2015 OF THE FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P3 TRUE COPY OF IA 2090 OF 2018 IN OP NO.193 OF
2015 OF THE FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF COUNTER AFFIDAVIT FILED IN IA 2090
OF 2018 IN OP NO.193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
EXHIBIT P5 TRUE COPY OF IA 1459 OF 2017 IN OP NO.193 OF
2015 OF THE FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P6 TRUE COPY OF COUNTER AFFIDAVIT FILED IN IA 1459
OF 2017 IN OP NO.193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
EXHIBIT P7 TRUE COPY OF ORDER DATED 06.03.2020 IN IA
2090/2018 IN OP NO.193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
APPENDIX OF OP (FC)NO.231/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OP NO.193 OF 2015 OF THE
FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED IN OP 193
OF 2015 OF THE FAMILY COURT,
PATHANAMTHITTA.
EXHIBIT P3 TRUE COPY OF IA 2090/2018 IN OP 193 OF 2015
OF THE FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF COUNTER AFFIDAVIT FILED IN IA
2090/2018 IN OP 193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
EXHIBIT P5 TRUE COPY OF IA 1459 OF 2017 IN OP 193/2015
OF THE FAMILY COURT, PATHANAMTHITTA.
EXHIBIT P6 TRUE COPY OF COUNTER AFFIDAVIT FILED IN IA
1459/2017 IN OP 193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
EXHIBIT P7 TRUE COPY OF ORDER DATED 06.03.2020 IN IA
1459/17 IN OP 193 OF 2015 OF THE FAMILY
COURT, PATHANAMTHITTA.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
