Kerala High Court
K.N.Muraleedharan vs K.T.Sudhir on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 27th day of October 2023 / 5th Karthika, 1945
IA.NO.2/2023 IN RSA NO. 1257 OF 2016
AS 107/2012 OF SUB COURT, KANNUR
OS 557/2005 OF PRINCIPAL MUNSIFF COURT, KANNUR
PETITIONER/APPELLANT:
K.N.MURALEEDHARAN,AGED 78 YEARS,S/O.CHATHAPPA PODUVAL,KALPRAVAN
NADUVILE VEEDU,PALLIKUNNU ,P.O. KARIVELLOOR, KANNUR- 670 521
RESPONDENTS & ADDITIONAL RESPONDENTS 10 TO 13 TO BE IMPLEADED/RESPONDENTS:
1. K.T.SUDHIR, S/O PADMINI, CHIEF MANAGER ,SBT, ARAMAM, THAZHE CHOVVA,
KANNUR- 670 006
2. K.T. SREESHAN,(DIED) ,S/O PADMINI, SENIOR MANAGER, BANK OF BARODA,
"SANGEETHA", MANAL, P.O. CHALAD, KANNUR- 670 014
3. C.K.NALINI, D/O K.C. KUNHRAMAN (DIED), NEAR SREE MAHALAKSHMI TEMPLE,
P.O.EZHILODE, KANNUR- 670 309
4. SHUKKUR ,ACHI READYMADES, BANK ROAD, KANNUR-670001
5. LATHIKA KARUNAKARAN, W/O KARUNAKARAN, AGED 61 YEARS, SREEKALA,
THAZHE CHOVVA, KANNUR- 670 006
6. K.K.KARUNAKARAN,AGED 69 YEARS, EX SERVICEMAN, THAZHE CHOVVA, KANNUR-
670 006
7. NISHA SREESHAN, W/O LATE SREESHAN, AGED 53 YEARS, SANGEETH,
C.K.PURAM, CHALAD, KANNUR- 670 014
8. SAJANI JIJITH, D/O LATE SREESHAN, AGED 33 YEARS, SANGEETH,
C.K.PURAM, CHALAD, KANNUR- 670 014
9. CHETHANA SREESHAN, D/O.LATE SREESHAN,AGED 29 YEARS,
SANGEETH,C.K.PURAM,CHALAD,KANNUR-670014.
10. MURALEEDHARAN V.K AGED 55 YEARS ,S/O. NALINI, BARAKAT QUALITY PLUS
(LLC) TEBEL ALI, INDUSTRIAL AREA NO.2, P.O. BOX 48989, DUBAI, U.A.E.
11. SHANTHI M.K, AGED 43 YEARS, W/O. SHYLESWARAN, KALLYASSERI CENTRAL,
ANCHAMPEEDIKA, KANNUR-670331.
12. BHAGYALAKSHMI K.M., AGED 23 YEARS ,D/O. SHYLESWARAN, KALLYASSERI
CENTRAL, ANCHAMPEEDIKA, KANNUR -670331.
13. RAJALAKSHMI K.M., AGED 18 YEARS, D/O. SHYLESWARAN, KALLYASSERI
CENTRAL, ANCHAMPEEDIKA, KANNUR-670331.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead
(1)MURALEEDHARAN V.K, AGED 55 YEARS, S/O. NALINI, BARAKAT QUALITY PLUS
(LLC) TEBEL ALI, INDUSTRIAL AREA NO.2, P.O. BOX 48989, DUBAI,
U.A.E.(2)SHANTHI M.K, AGED 43 YEARS, W/O. SHYLESWARAN, KALLYASSERI
CENTRAL, ANCHAMPEEDIKA, KANNUR-670331,(3)BHAGYALAKSHMI K.M., AGED 23 YEARS
D/O. SHYLESWARAN, KALLYASSERI CENTRAL, ANCHAMPEEDIKA, KANNUR
-670331.(4)RAJALAKSHMI K.M., AGED 18 YEARS D/O. SHYLESWARAN, KALLYASSERI
CENTRAL, ANCHAMPEEDIKA, KANNUR-670331 as respondents 10 to 13 in the above
appeal.
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.E.N.VISHNU NAMBOODIRI, NARAYANAN P P, M.K.SASEENDRAN, P.SANKARAN
NAMPOOTHIRI, Advocates for the petitioners and of M/S K.BABU,H.KIRAN,SHAJI
THOMAS,Advocates for R1,R7 & R8 and of
M/S.K.K.CHANDRALEKHA,K.C.SANTHOSHKUMAR, Advocates for R5 & R6, the court
passed the following:
A.BADHARUDEEN. J.
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CM.Appl . No.1/2023 & IA No.2/2023 & IA No.3/2023 in RSA No.
1257/2016
(Arising out of the decree and judgment in A.S. No.107/2012 dated 04.01.2016 on the file of Sub
Court, Kannur against the decree and judgment in OS No.557/2005 dated 29/09/2009 on the
file of Principal Munsiff Court, Kannur)
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Dated this the 27th day of October, 2023
ORDER
These are petitions filed to implead additional respondents 10 to 13 as
legal representatives of respondent No.3/original 1st respondent. In the
interest of justice, all petitions are allowed and additional respondents 10 to
13 impleaded as the legal heirs of the third respondent and the
impleadment is subject to the right of the additional respondents to oppose
the impleadment, if they are really aggrieved in the matter of impleadment
on appearance.
2. Registry shall carry out the impleadment. Appellant is directed
to take steps by registered post against additional respondents 10 to 13,
within three days from today.
Notice to R4 returned with endorsement 'unclaimed' and affixture
also effected. Hence, notice against R4 declared sufficient.
Post on 29.11.2023.
Handover sd/-
A.BADHARUDEEN
JUDGE
Nsd
27-10-2023 /True Copy/ Assistant Registrar
