IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 SA.No. 58 of 1998(F) ------------------------- AS.107/1992 of I ADDL.SUB COURT,ERNAKULAM OS.363/1985 of II ADDL.MUNSIFF COURT, ERNAKULAM .................... APPELLANT(S):1ST RESPONDENT/PLAINTIFF ----------------------------------------------------- *1. VELAPPAN, S/O. NARAYANAN, ONAKKAVIL, MULANTHURUTHY VILLAGE, MULANTHURUTHY DESOM, KANAYANNUR TALUK. (DIED. LR'S IMPLEADED) * ADDL. APPELLANTS 2 TO 7 IMPLEADED 2. O.V.SIVADASAN, AGED 57 YEARS, PENSIONER, S/O.VELAPPAN,ONAKKAVIL,MULANTHURUTHY VILLAGE, MULANTHURUTHY DESOM,KANAYANNUR TALUK. 3. O.V.SUKUMARI, AGED 54 YEARS, W/O.PADMANABHAN, WORKING AS LDC, NAVAL BASE OF -DO- -DO- 4. O.V.PRASANNA, AGED 52 YEARS, BUSINESS OF -DO- -DO- 5. O.V.SUGATHAKUMARI, AGED 50 YEARS, W/O. RAMESAN, HOUSE WIFE, -DO- -DO- 6. O.V.SUDHAKUMARI, AGED 48 YEARS, W/O. SHIBU, TEACHER, HAIL MARY S.S.S., MULANTHURUTHY OF -DO- -DO- 7. O.V.SUNIL, AGED 46 YEARS, S/O. VELAPPAN, OF -DO- -DO- * ADDL. APPELLANTS 2 TO 7 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED SOLE APPELLANT AS PER ORDER DATED 07/10/2009 IN I.A.2272/2009. BY ADV. SRI.C.D.JOSE svs ............2/-.... ...2... SA.No. 58/1998(F) RESPONDENT(S): APPELLANTS 1 & 2 & 2ND RESPONDENT/ DEFENDANTS 3, 4, 5 AND 7 --------------------------------------------------------------------- 1. CHAKKAPPAN MATHAI, S/O. MARIAM, RESIDING AT CHIRAKKAPARAMBIL HOUSE, PONGARAPPILLY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK. 2. ELIYAMMA, W/O. CHAKKAPPAN MATHAI, RESIDING AT CHIRAKKAPARAMBIL HOUSE, PONGARAPPILLY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK. 3. CHACHAMMA MATHAI, D/O.LATE MARIAM, CHIRAKKAPARAMBIL HOUSE, PONGARAPPILLY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK. **4. ABRAHAM MATHAI, S/O.MARIAM, CHIRAKKAPARAMBIL HOUSE, PONGARAPPILLY DESOM, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK.(DIED) ** ADDL. R5 TO R7 IMPLEADED 5. BABU, CHIRAKKAPARAMBIL HOUSE, INJIMALA LAKSHANVEEDU COLONY, MULANTHURUTHY P.O. 6. ELAMMA, W/O. PATHROSE, LAKSHANVEEDU COLONY, MALIKKUDIYIL, PERUMPALLY DESOM, MULANTHURUTHY 7. ANNAMMA, W/O. THAMPI, NJALIYATH HOUSE, PAINGARAPPILLY P.O., MULANTHURUTHY. ** THE NAMES OF ADDL. R5 TO R7 ARE INCORPORATED AS THE LR'S OF THE DECEASED R4 DIED ORDER DATED 04/12/2008 IN I.A.906/2008. R1 & R2 BY ADV. SRI.A.X.VARGHESE R6 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.C.D.JOSE THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs K.P.BALACHANDRAN, J. ------------------------------------------------ I. A. No.906 of 2008 in S. A. No.58 of 1998 ------------------------------------------------ Dated this the 2nd day of June, 2008 ORDER This is an application to implead or incorporate the names of the legal representatives of the deceased 4th respondent as additional respondents 5 to 7. It is submitted that the LRs of Abraham Mathai, the 4th respondent was impleaded as additional R6 to R8 in A.S.41/90 filed against the decree and judgment dt.02/12/87 in O.S.363/85 and C.M.A No.34/90 which was pending before the District Court, Ernakulam; and that it is after remand that the judgment in the suit as also the judgment in first appeal was passed and that the impleadment that he had been carried out before the first appellate court in A.S.41/90 was however, not incorporated in the suit and therefore, in the appeal judgment also such impleadment is absent and that S. A. No.58 of 1998 -2- therefore, LRs of deceased 4th respondent who was impleaded as additional respondents 6 to 8 in A.S.41/90 whose details are furnished in the I.A be incorporated as additional respondents 5 to 7 in this appeal. The prayer is not opposed by the counsel for the respondents. However, issue notice to the persons whose names are sought to be so incorporated as they are also to be heard before allowing the incorporation. K.P.BALACHANDRAN, JUDGE kns/-