IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36132 of 2007(B)
1. A.K.NAZAR, THERIPPURATHPUTHEN VEEDU
... Petitioner
Vs
1. ABDUL MAJEED, EAM HOUSE,
... Respondent
2. ARIFA,W/O. IBRAHIMKUTTY
3. ABDUL RASHEED
For Petitioner :SRI.B.KRISHNA MANI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/08/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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W.P.(C) NO. 36132 OF 2007
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Dated this the 5th day of August, 2008
JUDGMENT
Petitioner is the plaintiff and respondents the defendants in
the suit. On the death of first defendant, petitioner filed I.A.
1124 of 2005, an application to implead his legal heirs as
additional defendants and I.A. 1125 of 2005 to condone the
delay. Petitions were dismissed under Ext.P5 and P6 orders
which is challenged in this writ petition filed under Article 227
of Constitution of India.
2. Though notice were served on second and third
respondents, they did not appear. Learned counsel appearing
for petitioner was heard.
3. I.A.1124 of 2005, the application to implead legal
heirs of the first defendant was dismissed as follows:-
“Heard both sides. The suit is one for
injunction. The relief sought is against the 1st
defendant. Since the relief is against a
person the impleading petition is disallowed”
WP(C)36132/07 2
The order does not make any sense. It is not the law that in a
suit for injunction legal heirs of the deceased defendant cannot
be impleaded. Under Ext.P6 order the petition to condone the
delay was dismissed for the reason that I.A. 1124 of 2005 was
dismissed. Learned counsel appearing for petitioner submitted
that even notice to the legal heirs were not issued.
4. In such circumstances, Ext.P5 and P6 orders are
quashed. Munsiff Court, Punalur is directed to restore I.A.1124
of 2005 and I.A.1125 of 2005 to file and issue notice to the
proposed legal heirs and dispose the petitions in accordance
with law.
Writ petition is disposed of as above.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-