IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 13490 of 2008(E) -------------------------- AS.193/2003 of SUB COURT,NEYYATTINKARA .................... PETITIONER: ------------ NARAYANA PANICKER RAMAKRISHNAN, AGED 55 YEARS, MURUKA VILASOM BUNGLOW, KIZHAKKETHATTU, POTTAKUZHI, PLAMOOTTUKADA, PORANNOOR DESOM, CHENKAL VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ------------- 1. P.R.DEEPAK, MURUKAVILASOM BUNGLOW, THEKKUKIZHAKKETHATTU, POTTAKUZHI, PERANNOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA (MINOR) REPRESENTED BY HIS MOTHER MEENAKSHI PREMALATHA. 2. NARAYANA PANICKER, MADHANA CHANDRAN, MURUKAVILASOM BUNGLOW, PORANNOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA TALUK. 3. SULAJA KUMARI, W/O.MADHANA CHANDRAN, MURUKAVILASOM BUNGLOW, PERANNOOR DESOM, CHENKAL VILLAGE, NEYYTTINKARA TALUK. 4. M.S.ASWATHY (MINOR), D/O.SULAJA KUMARI, MURUKAVILASOM BUNGLOW, PORANNOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA TALUK. 5. M.S.AKHIL (MINOR) S/O.MADHANACHANDRAN, MURUKAVILASOM BUNGLOW, PORANNOOR DESOM, CHENKAL VILLAGE, NEYYATTINKARA TALUK (4TH AND 5TH RESPONDENTS ARE MINOR REPRESENTED BY THEIR MOTHER AND GUARDIAN). WP(C) No. 13490/2008 6. SUMATHI CHANDRIKA, ARUN NIVAS, POTTAKUZHI, CHENKAL VILLAGE, NEYYATTINKARA TALUK. 7. SUMATHI MALLIKA, MAMATHA, THATTAMKARI, KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 8. SUMATHI RETHIKA, PUSTHAK, NALLOORVATTOM DESOM, KULATHOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No. 13490 of 2008 ------------------------------- Dated this the 21st May, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging Ext.P2 order passed by Sub Court, Neyyattinkara, in I.A.No.572/2005 in A.S.No.193/2003. It was an application filed by the petitioner to get himself impleaded as an additional respondent in the appeal, claiming that under the Will executed by his mother, Sumathi, he obtained right in the property and as Sumathi died on 4.11.1996, he is to be impleaded as an additional respondent in the appeal. The learned Sub Judge found that Sumathi was not a party to the suit or the appeal. As rightly found by the appellate court, when the petitioner is claiming under Sumathi, who was not a party to the suit or appeal, he has no right to get himself impleaded as an additional respondent in the appeal on that ground. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.