Annama Johnson vs Vimalamma
2021 Latest Caselaw 18735 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        Thursday, the 9th day of September 2021 / 18th Bhadra, 1943

                  CMCP NO. 26 OF 2021 IN R.F.A. 161/2021

                OS NO. 32/2016 OF PRINCIPAL SUB COURT, KOLLAM

PETITIONER/APPELLANT:

     ANNAMA JOHNSON, AGED 61, WIFE OF JOHNSON, RESIDING AT SHALOM HOUSE,
     THEVALLY , KOLLAM WEST VILLAGE, PIN -691009.

RESPONDENTS/RESPONDENT :

     1. VIMALAMMA , AGED 65 YEARS, D/O.SARA, PANDARATHIN MELATHIL,
     KANDACHIRA, PANAYAM
         VILLAGE, KOLLAM - 691 601.
     2. SANTHAMMA, AGED 62 YEARS, D/O.SARA, PANDARATHIN MELATHIL,
     KANDACHIRA,
         PANAYAM VILLAGE, KOLLAM - 691 601.
     3. JAINAMMA, AGED 60 YEARS, D/O.SARA, CHANKOORAZHIKATHU VEEDU,
     KANDACHIRA,
         PANAYAM VILLAGE, KOLLAM - 691 601.
     4. JAMES,AGED 58 YEARS, S/O.JERMIAS, CHANKOORAZHIKATHU VEEDU,
     KANDACHIRA, PANAYAM VILLAGE
         KOLLAM - 691 601.
     5. LILLYKUTTY, AGED 56 YEARS, W/O.ALBERT, MAVILA VEEDU, KANDACHIRA,
     PANAYAM VILLAGE,
         KOLLAM - 691 601.
     6. JACK JOHNSON, AGED 27 , S/O.JOHNSON, SHALOM HOUSE, THEVALLY,
     KOLLAM WEST VILLAGE,
         PIN 691009.
     7. MARY SOFIA, AGED 29 , D/O.JOHNSON, SHALOM HOUSE, THEVALLY,
     KOLLAM WEST VILLAGE,
         PIN 691009.

            CMCP praying that in the circumstances stated in the
     affidavit filed therewith the High Court be pleased to allow the
     appellant to prefer this appeal as an indigent person in the
     interest of justice and equity.


           This CMCP coming on for orders upon perusing the CMCP and the
affidavit filed in support thereof, and upon hearing the arguments of
M/S.HARISH GOPINATH & ARYA UNNIKRISHNAN for the petitioner and of
SMT.KEERTHI S JYOTHI, Advocate for R1 to R5 (Caveators), the court passed
the following.
                                       P.SOMARAJAN, J.
                                     -------------------------
                      C.M.C.(P).No.26/2021 in R.F.A.161/2021
                     --------------------------------------------------------
                     Dated this the 9th day of September, 2021

                                             ORDER

Prima facie it appears that it is pertaining to

decree and judgment of trial court directing the

defendants to return the amount received as a

nominee of the deceased. The appellant is not a

legal heir or a legal representative of the

deceased but she is an age old lady. Some of the

respondents also aged persons and aged more than 60

years. As such, there will be a direction through

the Government Pleader that the District Collector

concerned shall submit the details of assets and

income of the petitioner within two weeks. Post on

28.9.2021.

Sd/-

P.SOMARAJAN, JUDGE

msp

09-09-2021 /True Copy/ Assistant Registrar