IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 398 of 2009()
1. C.H.SHIVARAMA, IS THE S/O.PARAMESHWARA
... Petitioner
2. C.H.SULOCHANA, IS THE D/O.PARAMESHSWARA,
3. C.H.VISHALA,IS W/O. SUNDARA, RESIDING
4. C.H.PUTTAPPAYYA IS S/O. KRISHNAN NAIR,
5. C.H.YAJNADEVA, IS THE S/O. OF KRISHNA
6. PANDARISHA
7. SHRIDHARA
8. UMA
9. HARINI ARE THE CHILDREN OF BALAKRISHNA,
10. NALINI IS DAUGHTER OF GOPALAKRISHNA,
11. VASANTHI
12. JANARDHANA IS SYNDICATE BANK PO.
13. BABY IS D/O.GOPALAKRISHNA, STATE BANK O
14. VINODA
15. THILAKARAJ
16. KRISHNA KUMAR
17. GEETHA
18. GIRISHA
19. SANTHOSH
20. MAHESH
21. RAJESH
22. POORNIMA
23. B.M/JAGADISHA.
24. B.M.GANGADHARA
25. PUSHPAVATHI
26. SARASWATHI
27. SHRIMATHI
28. MANOHARA
29. BABU
30. UMESHA
31. KAMALAKSHA
32. CHANDRAKALA
Vs
1. C.H.SAUTHA NAIRK
... Respondent
2. C.H.PADAMANABHA
3. SASHIKALA.
4. PREMA
5. C.H.HARISHCHANDRA
6. UMANATHA
For Petitioner :SRI.K.G.GOURI SANKAR RAI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/08/2009
O R D E R
V. RAMKUMAR , J.
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R.F.A. No. 398 of 2009
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Dated this the 24th day of August, 2009.
JUDGMENT
This appeal is against the final decree dated
14.01.2009 passed by the Sub Court, Kasaragod in O.S No.
27 of 1984 which was a suit for partition.
2. Notice to respondents 1, 2 and 10 herein returned
unserved stating that they have expired. Subsequent
investigation has revealed that the 1st respondent herein
who was the 1st defendant, died on 23.05.1996 and the 2nd
respondent herein who was the 2nd defendant, died on
21.07.2001 and the 10th respondent herein who was the 13th
defendant died on 23.12.2003. This means that all the three
aforesaid respondents died when the matter was pending
before the court below and the final decree passed by that
court on 14.01.2009 is against the aforesaid dead persons.
So, the decree is a nullity so far as it relates to respondents
1, 2 and 10 herein. The proper procedure in such
R.F.A. No. 398/2009 : 2 :
circumstances is to set aside the judgment and decree
passed by that court and send the matter to that Court for
appropriate correction of the cause title. (vide Assyamma
v. Aisabi – 1976 KLT 101). Accordingly, the final decree
and judgment dated 14.01.2009 passed by the Sub Court,
Kasaragod is set aside and the matter is remitted to that
court for disposal afresh after giving the final decree
applicants an opportunity to file petitions for impleading the
legal representatives of defendants 1, 2 and 13 and other
ancillary petitions.
This appeal is disposed of as above.
Dated this the 24th day of August, 2009.
V. RAMKUMAR, JUDGE.
rv
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