Kerala High Court
Vidyadhar Vaman vs Bagyalakshmi Soman on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
OP(C).No.553 OF 2020
AGAINST THE ORDER IN I.A.NO.2990/2019 DATED 07.01.2020 IN OS.NO.
6/2016 OF IV ADDITIONAL DISTRICT COURT, KOZHIKODE
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PETITIONER/2ND DEFENDANT:
VIDYADHAR VAMAN
AGED 61 YEARS
S/O. LATE K.P. VAMANAN, R.V. NIVAS,
BASIL CANAL ROAD, COCHIN - 682 031
BY ADVS.
SRI.V.A.PRADEEP KUMAR
SHRI. ANOOP KRISHNA
RESPONDENTS/PLAINTIFFS/DEFENDANTS 1,3 & 4:
1 BAGYALAKSHMI SOMAN
AGED 59 YEARS
D/O. LATE K.P. VAMANAN, AMRUTHA KRIPA,
CB COLONY,CHEVARAMBALAM.P.O.,
CHEVAYUR AMSOM DESOM,
KOZHIKODE TALUK, PIN-673017.
2 VIDYA KALESAN @ VIDYAVATHI
AGED 65 YEARS
D/O. LATE K.P.VAMANAN, AMRUTHESWARI NILAYAM,
CIVIL VIEW STREET, P.O. CIVIL STATION,
NEDUNGATOOR AMSOM DESOM, KOZHIKODE TALUK,
PIN - 673 001
3 PREMDEEP VAMAN
AGED 57 YEARS
S/O. LATE K.P. VAMANAN, R.V. NIVAS,
BASIL CANAL ROAD, COCHIN - 682 031
4 BALAGOPAL VAMAN
AGED 54 YEARS
S/O. LATE K.P. VAMANAN, CD 68,
NEW C AND D COLONY, HILL VIEW, JSPL,
RAIGHARE, CHATHEESGHAT, PIN - 496 001
OP(C).No.553 OF 2020
5 DEVI DAS VAMAN
AGED 58 YEARS
D/O. LATE K.P. VAMANAN, 18/1813, KSHB APARTMENTS,
EAST HILL HOUSING COLONY, EAST HILL, KOZHIKODE, PIN
- 673 001
R2 BY ADV. SRI.V.V.SURENDRAN
R2 BY ADV. SRI.P.A.HARISH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.553 of 2020
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Dated this the 19th day of January, 2021
JUDGMENT
Proceeding for grant of probate is sought to be
converted as one for grant of letters of
administration. The amendment was sought since the
disputed Will did not appoint any executors.
2. The court noticed that the petitioners have
laid the necessary foundation for the relief; that
the question for consideration is, proof of
execution of the Will. The court has further
noticed that a new cause of action or a new facts
are not sought to be brought in and that no
prejudice will be caused. The court was right in
allowing the application for amendment. The delay
caused to the respondents consequent to the belated
amendment is liable to be compensated by way of
costs.
In the result, this original petition is
disposed of ordering that the order impugned shall
stand affirmed on condition that the petitioner
O. P. (C) No.553 of 2020
pays an amount of `10,000/- as costs to the counsel
appearing for the respondents before this Court
within a period of three weeks from today. Needless
to say that the defendants shall be afforded an
opportunity to file additional pleadings, if sought
for, pursuant to the amendment in question.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.553 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOSTAT COPY OF THE PLAINT IN OS
NO.6/2016 ON THE FILE OF THE DISTRICT COURT
KOZHIKODE NO.IV
EXHIBIT P2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT IN
OS NO.6/2016 ON THE FILE OF THE DISTRICT
COURT KOZHIKODE NO.IV
EXHIBIT P3 PHOTOSTAT COPY OF THE ADDITIONAL WRITTEN
STATEMENT IN OS NO.6/2016 ON THE FILE OF
THE DISTRICT COURT KOZHIKODE NO.IV
EXHIBIT P4 PHOTOSTAT COPY OF THE PETITION IN IA
NO.2990/2019 IN OS NO.6/2016 ON THE FILE OF
THE DISTRICT COURT KOZHIKODE NO.IV
EXHIBIT P5 PHOTOSTAT COPY OF THE COUNTER AGAINST
PETITION IN IA NO.2990/2019 IN OS NO.6/2016
ON THE FILE OF THE DISTRICT COURT KOZHIKODE
NO.IV
EXHIBIT P6 COPY OF THE ORDER DATED 07.01.2020 IN IA
NO.2990/2019 IN OS NO.6/2016 ON THE FILE OF
THE DISTRICT COURT KOZHIKODE NO.IV
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