Kerala High Court
Somanathan Pillai vs Gowrikutty Amma on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
RSA NO. 412 OF 2019
AGAINST THE JUDGMENT AND DECREE IN A.S.NO.45/2015 OF SUB COURT,
KARUNAGAPPALLY
AGAINST THE JUDGMENT AND DECREE IN O.S.NO.756/1999 OF MUNSIFF COURT,
KARUNAGAPPALLY
APPELLANTS/APPELLANTS/DEFENDANTS 1 & 2:
1 SOMANATHAN PILLAI,
AGED 65 YEARS
S/O. GOPALAN NAIR, PUTHUKKATTU VEEDU, CHANGANKULANGARA
MURI, OACHIRA VILLAGE, KARUNAGAPPALLY TALUK
2 OMANA AMMA,
AGED 62 YEARS
D/O. PANKAJAKSHI AMMA, PUTHUKKATTU VILLAGE,
CHANGANKULANGARA MURI, OACHIRA VILLAGE, KARUNAGAPPALLY
TALUK
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENTS/RESPONDENTS/LEGAL HEIRS OF PLAINTIFF AND DEFENDANTS 3 &
4:
1 GOWRIKUTTY AMMA
THENGUMTHARA VEEDU, VATHIKULAM, THEKKEKARA, MAVELIKKARA,
PIN-690558
2 GOWRI AMMA,
THAZHATHATHIL GOWRI SADANAM, KANNANAKUZHI ,
CHARUMMOODU,THAMARAKKULAM-690 561
3 GANGADHARAN NAIR,
THAZHATHATHIL GOWRI SADANAM, KANNANAKUZHI ,
CHARUMMOODU,THAMARAKKULAM-690 561
4 JAGADAMMA,
THAZHATHATHIL GOWRI SADANAM, KANNANAKUZHI ,
RSA NO. 412 OF 2019 2
CHARUMMOODU,THAMARAKKULAM-690 561
5 SARASWATHI AMMA
PUTHUKKATTU VILLAGE, CHANGANKULANGARA MURI, OACHIRA
VILLAGE, PIN - 690 526
6 VIJAYA LEKSHMI,
PUTHUKKATTU VEEDU, CHANGANKULANGARA MURI, OACHIRA
VILLAGE, PIN - 690 526
7 VINEETHA,
PUTHUKKATTU VEEDU, CHANGANKULANGARA MURI, OACHIRA
VILLAGE, PIN -690 526
8 RADHAMMA,
PUTHUKKATTU VEEDU, CHANGANKULANGARA MURI, OACHIRA
VILLAGE, PIN -690 526
9 REMA.S.NAIR,
W/O.SUKUMARAN NAIR, SOORYA PODIYADI, NEDUMPURAM,
THIRUVALLA-690 521
10 SANDEEP S.NAIR,
S/O.SUKUMARAN NAIR, SOORYA PODIYADI, NEDUMPURAM,
THIRUVALLA-690 521
11 SMITHA S.NAIR,
D/O.SUKUMARAN NAIR, SOORYA PODIYADI, NEDUMPURAM,
THIRUVALLA-690 521
R1 BY ADVS.
SRI.T.MADHU
SRI.B.K.RAJAGOPAL
SMT.C.R.SARADAMANI
R9 BY ADVS.
SRI.SADCHITH.P.KURUP
SMT.LAKSHMI.N.KAIMAL
SRI.RENJITH B.MARAR
SRI.C.P.ANIL RAJ
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION
ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RSA NO. 412 OF 2019 3
JUDGMENT
Dated this the 1st day of February, 2024
This Regular Second Appeal has been filed at the instance of
appellants in A.S.No.45/2015, who are defendants 1 and 2 in
O.S.No.756/1999, on the files of the Munisff Court, Karunagappally
and they assail dismissal of the appeal on the ground of abatement,
after dismissal of I.A.Nos.333/2018 and 334/2018, filed to implead
the legal representatives of the 1 st respondent/original plaintiff
after condoning delay of 507 days.
2. Heard the learned counsel for the appellants and the
learned counsel appearing for the 1st respondent.
3. Appeal admitted on raising the following substantial
question of law:
1) Whether outright dismissal of I.A.Nos.333/2018 and
334/2018 is legal?
4. The learned counsel for the 1st respondent submitted
that the 1st respondent is no more.
5. The learned counsel for the appellants submitted that
the one and only child of the 1st respondent herein is the plaintiff.
It is submitted that the legal heirs of the 1 st respondent in the
I.A./original plaintiff, are the parties sought to be impleaded in
I.A.No.333/2018, as additional respondents 14 to 16.
6. On perusal of the matter, suit filed by one Sukumaran
Nair @ Maniyan, was decreed and against which, first appeal was
filed before the Sub Judge, Karunagappally. The first appellate
court, after dismissing I.A.Nos.333/2018 and 334/2018 to implead
the legal representatives of the 1st respondent/original plaintiff as
additional respondents 14 to 16, dismissed the appeal as abated.
On perusal of the orders in the I.A., the same appears to be not
justifiable. Therefore, outright dismissal of I.A.Nos.333/2018 and
334/2018 found to be not legal and proper. Therefore, orders in
I.A.Nos.333/2018 and 334/2018 stand set aside and the same
stand allowed. Accordingly, the appellate decree and judgment
also stand set aside and the matter remitted back to the first
appellate court to carry out the impleadment as sought for in
I.A.Nos.333/2018 and 334/2018, in accordance with law.
7. Since the matter is of the year 1999, the first appellate
court is directed to dispose of the appeal, at the earliest, at any
rate, before closure of summer vacation, 2024.
Registry is directed to forward a copy of this judgment to the
first appellate court, forthwith.
Parties shall appear before the first appellate court on
12.2.2024.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
