Kerala High Court
Lakshmi Anand vs Sankara Das on 5 September, 2024
OP(C) No.1760/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
OP(C) NO. 1760 OF 2023
IA NO.528/2021 IN OS 161/2014 OF I ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
PETITIONER/LEGAL HEIRS OF 4TH PLAINTIFF:
1. LAKSHMI ANAND, AGED 44 YEARS, D/O RAMANAND, RESIDING AT NO.19 (OLD
NO.371), DR.RADHAKRISHNA MAIN ROAD, DR.RADHAKRISHNA
NAGAR,THIRUVANNIYOR-CHENNAI- , PIN - 600041
2. SABARINATH, AGED 41 YEARS, S/O RAMANAND, RESIDING AT NO.19 (OLD
NO.371), DR.RADHAKRISHNA MAIN ROAD, DR.RADHAKRISHNA
NAGAR,THIRUVANNIYOR-CHENNAI. , PIN - 600041
BY ADVS- M/S.A.CHANDRA BABU, S.R.SUNJITH & APARNA SARASWATI.
RESPONDENTS/PLAINTIFF 1 TO 10 AND DEFENDANT:
1. SANKARA DAS, AGED 72 YEARS, S/O.LATE KUMARASWAMI PILLAI, RESIDING
AT MAYA OPPOSITE MINI ESTATE, MALAYINKEEZHU.P. O ,
THIRUVANANTHAPURAM. ( IT IS RECORDED VIDE ORDER DATED 05.09.2024
THAT THE FIRST RESPONDENT IS NO MORE AND THE LEGAL HEIRS ARE ALREADY
IN THE PARTY ARRAY AS R8 AND R9.), PIN - 671571
2. K. KRISHNA KUMARI AGED 74 YEARS D/O. KOLAMMA, RESIDING AT 2E, EAST
COST APARTMENTS,13 AVENUE, HARRINGTON ROAD, CHETPET, CHENNAI., PIN -
600031
3. K. RADHA AGED 71 YEARS D/O. KOLAMMA, RESIDING AT MRA N-136,
ANURADHA, T.C.8/406-4, THIRUMALA.P.O, THIRUVANANTHAPURAM., PIN -
695006
4. K. RAMANAND @ RAMANANDAN AGED 70 YEARS S/O. LATE KUMARASWAMI PILLAI,
RESIDING AT NO.19 (OLD NO.37), DR. RADHAKRISHNA MAIN ROAD, DR.
RADHAKRISHNA NAGAR, THIRUVANMAYUR, CHENNAI., PIN - 600041
5. K. SIVAKUMARI AGED 69 YEARS D/O. KOLAMMA, RESIDING AT 4A, 2ND FLOOR,
CHITRA APARTMENT, UMAYAL ROAD, KILPAUK, CHENNAI. , PIN - 600010
6. K. VIJAYALEKSHMI AGED 68 YEARS D/O. KOLAMMA, RESIDING AT 9A, PHASE-
II, SILVER LAWN, MAROTICHODU (MATHER'S PROJECT) EDAPALLY, COCHIN. ,
PIN - 682024
7. K GEETHA AGED 64 YEARS D/O. KOLAMMA, RESIDING AT DOOR NO.2804/14,
PHASE ILL, VIVEK ANDAR 3RD STREET, VELLAR, SANTHUVACHARI, VELLOORE.
(THE PLAINTIFF 2 TO 7 ARE REPRESENTED BY THEIR POWER OF ATTORNEY
HOLDER LST PLAINTIFF ) ., PIN - 632009
8. MALLIKA SANKAR W/O. SANKARA DAS, RESIDING AT MAYA, OPPOSITE MINI
ESTATE, MALAYINKEEZHU .P. O, THIRUVANANTHAPURAM., PIN - 695571
9. MAYA PILLAI D/O. SANKARA DAS, RESIDING AT OPPOSITE MINI ESTATE,
MALAYINKEEZHU .P. O, THIRUVANANTHAPURAM. , PIN - 965571
10. MALINI ANAND D/O. SANKARA DAS, RESIDING AT OPPOSITE MINI ESTATE,
MALAYINKEEZHU .P. O, THIRUVANANTHAPURAM., PIN - 695571
11. J. DIVYA RAM D/O. K. JAYARAM, RESIDING AT SMRA-36-D, T.C.9/1528(5),
PALM GROVE LANE, SASTHAMANGALAM.P.O,THIRUVANANTHAPURAM. , PIN -
695010
OP(C) No.1760/2023 2/4
12. JAYANTHIKUMARY AGED 66 YEARS W/O. LATE.K. JAYARAM, RESIDING AT
SMRA-36-D, T.C.-9/1528(5), PALM GROVE LANE, SASTHAMANGALAM.P.O,
THIRUVANANTHAPURAM., PIN - 695010
BY ADVOCATE FOR R2, R3, R5 to R10- SRI.MANEESH NARAYANAN
This OP (Civil) having come up for orders on 05-09-2024, and upon
perusing the Petition, the court on the same day passed the following.:
OP(C) No.1760/2023 3/4
VIJU ABRAHAM, J.
---------------------------------------------------
OP(C) No.1760 of 2023
---------------------------------------------------
Dated this the 5th day of September, 2024
ORDER
The petitioner has filed a memo stating that the first
respondent is no more and all his legal heirs are already in the
party array as respondents 8 and 9. The said memo was accepted
recording the said fact.
The learned counsel for the petitioner submits that by Ext.P9
request of the petitioners to correct judgment and decree to
incorporating the legal heirs of the additional 4 th plaintiff as
additional defendants 3 and 4 in the original plaint was rejected
stating that the legal heirs of the deceased 4 th plaintiff were not
impleaded in the suit itself.
The specific contention of the petitioner is that Ext.P6
(IA.NO.224/2016 in OS.No.161/2014) is the application filed for
impleadment and the same was allowed by the Court.
Registry to call for a report regarding the said aspects from
the trial court concerned.
Post on 25.09.2024
Sd/-
VIJU ABRAHAM
Pvv JUDGE
05-09-2024 /True Copy/ Assistant Registrar
APPENDIX OF OP(C) 1760/2023
Exhibit P6 TRUE COPY OF THE I.A NO 224/2016
Exhibit P9 TRUE COPY OF THE ORDER DATED 01.12.2022 PASSED BY THE
1ST ADDITIONAL SUB COURT; THIRUVANANTHAPURAM IN I.A NO.
05-09-2024 /True Copy/ Assistant Registrar
