IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 21108 of 2010(O) -------------------------- IA NOS.4597, 4595 AND 4596 OF 2010 IN OS.1015/2005 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- JATHAVEDAN UNNI @ JATHAVEDAN NAMBOOTHIRI AGED 55, S/O.VADAKKEDATHU THAMARAPPALLY MANAKKAL DAMODARAN ADITHIRI, KOLANGATTUKARA DESOM, VARADIYAM VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. HARI @ DAMODARAN NAMBOOTHIRI, S/O. LATE NARAYANAN NAMBOOTHIRI, VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT-680617. 2. DAMODHARAN NAMBOOTHIRI, S/O. KRISHNAN NAMBOOTHIRI, VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT -680617 . 3. KRISHNA NAMBOOTHIRI, S/O.KRISHNAN NAMBOOTHIRI, VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT -680617. 4. GOURI ANTHARJANAM, W/O.LATE NARAYANAN NAMBOOTHIRI,VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT -680617. 5. PREETHA, D/O.LATE NARAYANAN NAMBOOTHIRI AND W/O.CHETTAKULATHU MANAKKAL KRISHNAN BHATTHATHIPAD, VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT -680617. 6. SMITHA,D/O.LATE NARAYANAN NAMBOOTHIRI VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT, W/O.PATTALUR MANAKKAL MADHU, MANCHERY, MALAPPURAM DISTRICT -680617. WP(C)NO.21108/2010 2 7. MAMATHA,D/O.LATE NARAYANAN NAMBOOTHIRI VADAKKEDATHU THAMARAPPALLY MANA, MANALOOR PO, THRISSUR DISTRICT,W/O.PAZHIYADATHU MANAKKAL SANJAY, CHERPU, THRISSUR -680617. ADV. SRI.V.M.SYAM KUMAR FOR R1,R4,R5,R6 & R7 SMT.KRIPA ELIZABETH MATHEWS FOR R1,R4,R5,R6 & R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.21108/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE ORDER PASSED IN IA NO.9082/2009 DATED 17.5.2010 (WRONGLY STATED AS 17/6/2010) IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR EXT.P2 A TRUE COPY OF THE ORDER PASSED IN IA NO.9083/2009 DATED 17.5.2010 (WRONGLY STATED AS 17/6/2010) IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR EXT.P3 A TRUE COPY OF THE ORDER PASSED IN IA NO.9084/2009 DATED 17.5.2010 (WRONGLY STATED AS 17/6/2010) IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR EXT.P4 A TRUE COPY OF THE ORDER PASSED IN IA NO.4597/2010 IN IA NO.9082/2009 DATED 14/6/2010 IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR EXT.P5 A TRUE COPY OF THE ORDER PASSED IN IA NO.4595/2010 IN IA NO.9083/2009 DATED 14/6/2010 IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR EXT.P6 A TRUE COPY OF THE ORDER PASSED IN IA NO.4596/2010 IN IA NO.9084/2009 DATED 14/6/2010 IN OS NO.1015/2005 ON THE FILE OF THE PRL.SUB COURT, THRISSUR //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.21108 of 2010 -------------------------------------- Dated this the 2nd day of December, 2010. JUDGMENT Plaintiff No.1 in O.S.No.1015 of 2005 of the court of learned Principal Sub Judge, Thrissur is the petitioner challenging correctness of Exts.P4 to P6, orders on I.A.Nos.4597 of 2010, 4595 of 2010 and 4596 of 2010. Petitioner along with others filed a suit for partition against defendant No.1 and others. Defendant No.1 expired during pendency of the suit. Since legal representatives of deceased defendant No.1 were not impleaded on time, petitioner and others filed I.A.Nos.9082 of 2009, 9083 of 2009 and 9084 of 2009 for their impleadment, setting aside the abatement and for amendment of plaint consequent to such impleadment. Those applications were closed on 17.06.2010 as steps were not taken. Petitioners filed I.A.No.4597 of 2010, 4595 of 2010 and 4596 of 2010 for review of the order closing the said applications on 17.06.2010. Those applications were dismissed by Exts.P4 to P6, orders for the reason that the applications are not in proper form and court fee is not paid. Learned counsel requests that petitioner and other plaintiffs may be given opportunity to prosecute the suit and the applications. 2. Having regard to the circumstances stated by learned counsel I am inclined to allow the request. Resultantly this petition is allowed in the following lines: i. Exts.P4 to P6, orders on I.A.Nos.4597 of 2010, 4595 of 2010 WP(C) No.21108/2010 2 and 4596 of 2010 are set aside and those applications are remitted to the court below for fresh disposal after giving petitioner and other plaintiffs opportunity to cure the defect if any, and take necessary steps. ii. Parties shall appear in the court below on 03.01.2011. THOMAS P.JOSEPH, Judge. cks