Dinesan v. Alexander

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 CRP.No. 1069 of 2004 ( ) ------------------------- AS. NO.95/2000 OF ADDITIONAL SUB COURT, KOTTAYAM. OS. NO.268/1998 OF MUNSIFF COURT, VAIKOM.

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REVISION PETITIONER/APPELLANT/DEFENDANT:

------------------------------------------------------------------------- DINESAN, THACHARAYIL, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM TALUK.

BY ADVS.SRI.B.KRISHNA MANI, SRI.RAHUL VENUGOPAL, SMT.S.SIBHA.

RESPONDENT/RESPONDENT/PLAINTIFF:

------------------------------------------------------------ ALEXANDER, VAZHAPARAMBIL, NJEEZHOOR VILLAGE, NJEEZHOOR KARA, VAIKOM TALUK.

BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE.

THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

B.KEMAL PASHA, J.

==================== C.R.P.No.1069 of 2004 ===================== Dated this the 4th day of August, 2015

O R D E R

No steps have been taken as ordered. An application for impleading the legal representatives was filed along with an application to condone the delay and to set aside the abatement. Composite notice was ordered. As no steps were taken to the 5th respondent, once the C.R.P. was dismissed. Again it was restored. Once again it seems that no steps have been taken against the 5th respondent. Presently, the petitioner has filed an application for deleting the 5th respondent from the party array. It is not possible to do it in the present situation. Being one of the legal

C.R.P.No.1069 of 2004 representatives of the deceased, the proposed 5th respondent is a necessary party to the proceedings. Therefore, the application for deleting the 5th respondent stands dismissed. Consequently, the C.R.P. also stands dismissed, for want of steps.

Sd/- B.KEMAL PASHA JUDGE DSV/5/8/15