Samad vs Rajalekshmi (Removed)*

Type Court Judgment Court Kerala Decided Jan 31, 2024

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Citation: sooperkanoon.com/1291110
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Jan 31, 2024
Case Number: RP/384/2023

Parties & Advocates

Appellant / Petitioner

Samad

Respondent

Rajalekshmi (Removed)*

Excerpt

.....array at the risk of the petitioners as per order dated 31.1.2024 in r.p.no.384/2023] 3 bajaj alliance general insurance company ltd. 5th floor, m sons arcade, cherootty road, kozhikode, pin - 673001 r3 by sri akhil k.madhavthis review petition having come up for admission on 31.01.2024, the court on the same day delivered the following:t.r. ravi, j.r.p.no.384 of 2023 in macano.2432 of 2013 dated this the 31st day of january, 2024orderthis review petition has been filed stating that the 1 st appellant had died pending the appeal and this fact is not noticed in the judgment. it is submitted that appellants 2, 3 and 4 before the court are the legal heirs of the 1st appellant and as such, all what is required is to record them as the legal heirs of the 1st appellant. this court had allowed the appeal without noticing the above fact. in the above circumstances, this review petition is allowed and the judgment in appeal is modified by recasting the cause-title by removing the 1st appellant, who is no more and showing appellants 2, 3 and 4 as the legal representatives of the 1st appellant. appellants 3 and 4 will be represented by their mother, the 2nd appellant, since they are minors. registry to issue fresh certified copy after making the necessary changes. sd/- t.r. ravi judge sdk+ appendix of rp 384/2023 petitioner annexures annexure-a1 certified copy of the judgment passed by this honorable court in maca 2432/2013 dated 02.11.2021 annexure-a2 certified copy of the death certificate issued by kozhikode corporation annexure-a3 true copy of the legal heirship certificate issued by the taluk office kozhikode annexure-a4 true copy of the order in i.a.1/2022 in o.p.(mv) no.294/2012

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 RP NO. 384 OF 2023

JUDGMENT DT.2.11.2021 IN MACA 2432/2013 OF HIGH COURT OF

KERALA REVIEW PETITIONERS/PETITIONERS:

1 SAMAD (EXPIRED) AGED 43 YEARS S/O. KHADAR (LATE),426 ROOBINA NIVAS ,BAYPORE P.O, KOZHIKODE, PIN - 673015 2 SAUDA ,W/O SAMAD (EXPIRED) AGED 35 YEARS RESIDING AT 1377,PALAPPARAMBIL 33, KOZHIKODE, 3 FARHAN @ ABDUL FARHAN AGED 21 YEARS 4 ABDUL FARHAN, AGED 16 YEARS BY ADVS. V.S.CHANDRASEKHARAN M.V.DAS LEKSHMI SWAMINATHAN S.JAYAKUMAR SHAHIM BIN AZIZ N.S.SOUMYA MOL

RESPONDENTS/RESPONDENTS: *1 RAJALEKSHMI W/O. MOHANDAS SALEENAM HOUSE PANANGOTTUR P.O,TANUR, MALAPPURAM, PIN - 676302 [*REMOVED]

*2 PRASHOB K.P AGED 33 YEARS ,DEVAKI NIVAS, KARIYATHANKUZHIYIL P.O KOODARANJI,KOZHIKODE, PIN - 673001 [*REMOVED] *[Respondents 1 and 2 are removed from the party array at the risk of the petitioners as per order dated 31.1.2024 in R.P.No.384/2023] 3 BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD. 5TH FLOOR, M SONS ARCADE, CHEROOTTY ROAD, KOZHIKODE, PIN - 673001 R3 BY SRI AKHIL K.MADHAV

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

R.P.No.384 of 2023 in MACANo.2432 of 2013 Dated this the 31st day of January, 2024

ORDER

This review petition has been filed stating that the 1 st appellant had died pending the appeal and this fact is not noticed in the judgment. It is submitted that appellants 2, 3 and 4 before the court are the legal heirs of the 1st appellant and as such, all what is required is to record them as the legal heirs of the 1st appellant. This Court had allowed the appeal without noticing the above fact. In the above circumstances, this review petition is allowed and the judgment in appeal is modified by recasting the cause-title by removing the 1st appellant, who is no more and showing appellants 2, 3 and 4 as the legal representatives of the 1st appellant. Appellants 3 and 4 will be represented by their mother, the 2nd appellant, since they are minors. Registry to issue fresh certified copy after making the necessary changes. Sd/- T.R. RAVI JUDGE sdk+ APPENDIX OF RP 384/2023 PETITIONER ANNEXURES Annexure-A1 CERTIFIED COPY OF THE JUDGMENT PASSED BY THIS HONORABLE COURT IN MACA 2432/2013 DATED 02.11.2021 Annexure-A2 CERTIFIED COPY OF THE DEATH CERTIFICATE ISSUED BY KOZHIKODE CORPORATION Annexure-A3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TALUK OFFICE KOZHIKODE Annexure-A4 TRUE COPY OF THE ORDER IN I.A.1/2022 IN O.P.

(MV) NO.294/2012

Same Court & Year Kerala · 2024 Same Parties Samad vs Rajalekshmi (Removed)* Same Judge Honourable Mr. Justice T.R.Ravi