Indirabhai Amma v. Pappi Kalyani

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 CRP.No. 1285 of 2002 ------------------------------- A.S.NO.101/1998 OF DISTRICT COURT, PATHANAMTHITTA ---------------------- REVISION PETITIONER(S)/(ADDL.APPELLANTS 2 TO 4) : ---------------------------------------------------------------------------------

1. INDIRABHAI AMMA, W/O.LATE RAMAN KARUNAKARAN, THADATHIL VADAKKETHIL VEETTIL, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK.

2. SHEELAKUMARI T.K., D/O.INDIRABHAI AMMA, RESIDING AT -DO- -DO-.

3. DILEEP KUMAR, S/O.LATE KARUNAKARAN, RESIDING -DO- -DO-.

BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S)/(RESPONDENTS) :

----------------------------------------------------- * 1. PAPPI KALYANI, KUNINTE PADINJATTETHIL VEETTIL, KARAKKADU MURI, MULAKKUZHA VILLAGE.(DIED) ** 2. PAPPI NANI, PEZHUMKALAYIL VEETTIL, AYKKARAKONAM MURI, PUNALUR VILLAGE.(DIED) & 3. RAMAN RAGHAVAN, VATTAKKOOTTATHIL VEETTIL, MEZHUVELI VILLAGE (DIED).

4. PAPPI LEKSHMIKUTTY, THADATHIL VADAKKETHIL VEETTIL, -DO- -DO-.

*** 5. KALYANI MALAYIL PARAMPIL VEETTIL, KALLISSERI VILLAGE.(DIED)

6. KALYANI SUMATHI, -DO- -DO-.

& 7. KALYANI GOURI, -DO- -DO-. (DIED)

8. NANU DIVAKARAN, -DO- -DO-.

9. PRABHAKARAN, -DO- -DO-.

..2/-

..2..

CRP.No. 1285 of 2002 -------------------------------

10. KALYANI DEVAYANI, -DO- -DO-.

11. KALYANI PRASANNA, -DO- -DO-.

12. BHANUMATHI, VATTAKOOTTATHIL VEETTIL, MUZHUVELI VILLAGE.

13. ROHINI, -DO- -DO-.

14. BABU, -DO- -DO-.

15. SAJI, -DO- -DO-.

16. AJI, -DO- -DO-.

17. MOHAN, -DO- -DO-.

& IT IS RECORDED THAT R3 AND R7 DIED LEAVING THE OTHER RESPONDENTS AS LEGAL HEIRS AND THAT NOBODY NEED BE IMPLEADED AS VIDE ORDER DATED 16.07.2014 IN MEMO DATED 29.05.2004 BEARING C.F.NO.4606/04. *** IT IS RECORDED THAT R5 DIED LEAVING THE OTHER RESPONDENTS AS LEGAL HEIRS AND THAT NOBODY NEED BE IMPLEADED AS VIDE ORDER DATED 16.07.2014 IN MEMO DATED 18.02.2008 BEARING C.F.NO.3520/08. # ADDITIONAL R18 AND R19 IMPLEADED

18. BHASURANGAN @ KUNJUMON, SREENILAYAM, PARACKAL, KARAKKAD (P.O), CHENGANNUR- 689 504.

19. RAHULAN @ BABU, KULATHINTEMEL, PARACKAL, KARAKKAD (P.O), CHENGANNUR- 689 504.

# ADDITIONAL R18 AND R19 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT VIDE ORDER DATED 05.01.2015 IN I.A.NO.1551/2014.

** ADDITIONAL R20 IMPLEADED

20. SADASIVAN, DIVYA AYURVEDA HOSPITAL, SASTHAMCOTTA (P.O), KOLLAM, PIN- 690 521.

** ADDITIONAL R20 IS IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 2ND RESPONDENT VIDE ORDER DATED 05.01.2015 IN I.A.NO.2582/2014. R1 & R2 BY ADV. SRI.K.G.NARAYANAN NAIR R20 BY ADV. SRI.K.V.ANIL KUMAR THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No. 1285 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04th day of March, 2015

O R D E R

This revision is directed against the order dated 30.06.2000 in A.S.No. 101/1998.

2.

The suit is one for partition in which preliminary decree was passed. An appeal was filed against the preliminary decree which was filed out of time and petitioners filed a petition to condone the delay. While the delay condonation petition was pending, one of the parties died and his leagal heirs were brought on the party array. Subsequently, the delay condonation petition was dismissed so also the appeal.

3.

It is by now well settled that when the delay condonation petition is dismissed and the appeal is consequently dismissed, only second appeal will lie. This Civil Revision Petition is not maintainable and it is accordingly dismissed.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge