Prakash vs Rajendra Panicker

Type Court Judgment Court Kerala Orders Decided Aug 23, 2023

~2 min read

https://sooperkanoon.com/case/1384755

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1384755
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Aug 23, 2023
Case Number: CRP(LR)/35/2023

Parties & Advocates

Appellant / Petitioner

Prakash

Respondent

Rajendra Panicker

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan wednesday, the 23rd day of august 2023 / 1st bhadra, 1945 crp(lr) no. 35 of 2023 against the order dated 30.06.2023 in aa 55/2018 of appellate authority (lr), alappuzharevision petitioner/1st respondent in a.a: prakash, aged 55 years, auto driver, s/o thankappa panicker, othara house, madappally p.o., changanacherry taluk, kottayam, pin - 686546 by adv sebastian joseph (kurisummoottil) respondents/appellants 1 to 4 in a.a. and 2nd respondent in a.a: 1 rajendra panicker, aged 70 years, s/o sukumara panicker, aswathi house, puzhavathu, changanacherry, kottayam, pin - 686102 2 susiladevi, aged 66 years, w/o mohandas, sreyas, perumpanachy p. o., changanachery, kottayam, pin - 686536 3 sulekhadevi, aged 63 years, w/o balakrishnan, ntpc quarters, nangiarkulangara p.o., kayamkulam, pin - 690513 4 lathimol @ sunitha, aged 50 years, w/o deyal, deyal savitham house, petta p.o., thripunithura, pin - 682301 5 ajithkumar (2nd respondent in a.a.) aged 68 years, p.b. no. 522/cargo section, othara house, madappally p.o., changanachery taluk, kottayam, pin - 686546 this crp (land reforms act) having come up for admission on 23.08.2023, the court on the same day passed the following: crp (lr) no.35 of 2023 2orderheard the petitioner on admission. the purchase certificate granted by the land tribunal was set aside by the first appellate court and remanded the matter back to the land tribunal for fresh disposal. admittedly in s.m. proceeding the respondents herein, the owners of the property, claiming under the original landlord by way of succession were not parties and an ex parte order was passed against a deceased person. the adjudication rendered against the deceased respondent without impleading the legal representatives is a nullity in the eye of law. hence, the order of remand deserves no interference. the revision is dismissed in limine. sd/- p.somarajan judge dmr/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 23rd DAY OF AUGUST 2023 / 1ST BHADRA, 1945 CRP(LR) NO. 35 OF 2023 AGAINST THE ORDER DATED 30.06.2023 IN AA 55/2018 OF APPELLATE AUTHORITY (LR), ALAPPUZHA
REVISION PETITIONER/1st RESPONDENT IN A.A: PRAKASH, AGED 55 YEARS, AUTO DRIVER, S/o THANKAPPA PANICKER, OTHARA HOUSE, MADAPPALLY P.O., CHANGANACHERRY TALUK, KOTTAYAM, PIN - 686546 BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENTS/APPELLANTS 1 TO 4 IN A.A. AND 2nd RESPONDENT IN A.A: 1 RAJENDRA PANICKER, AGED 70 YEARS, S/o SUKUMARA PANICKER, ASWATHI HOUSE, PUZHAVATHU, CHANGANACHERRY, KOTTAYAM, PIN - 686102 2 SUSILADEVI, AGED 66 YEARS, W/o MOHANDAS, SREYAS, PERUMPANACHY P. O., CHANGANACHERY, KOTTAYAM, PIN - 686536 3 SULEKHADEVI, AGED 63 YEARS, W/o BALAKRISHNAN, NTPC QUARTERS, NANGIARKULANGARA P.O., KAYAMKULAM, PIN - 690513 4 LATHIMOL @ SUNITHA, AGED 50 YEARS, W/o DEYAL, DEYAL SAVITHAM HOUSE, PETTA P.O., THRIPUNITHURA, PIN - 682301 5 AJITHKUMAR (2ND RESPONDENT IN A.A.) AGED 68 YEARS, P.B. NO. 522/CARGO SECTION, OTHARA HOUSE, MADAPPALLY P.O., CHANGANACHERY TALUK, KOTTAYAM, PIN - 686546 THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP (LR) No.35 of 2023 2

ORDER

Heard the petitioner on admission. The purchase certificate granted by the Land Tribunal was set aside by the first appellate court and remanded the matter back to the Land Tribunal for fresh disposal. Admittedly in S.M. proceeding the respondents herein, the owners of the property, claiming under the original landlord by way of succession were not parties and an ex parte order was passed against a deceased person. The adjudication rendered against the deceased respondent without impleading the legal representatives is a nullity in the eye of law. Hence, the order of remand deserves no interference. The revision is dismissed in limine. Sd/- P.SOMARAJAN JUDGE DMR/-

Same Court & Year Kerala Orders · 2023 Same Parties Prakash vs Rajendra Panicker Same Judge Honourable Mr. Justice P.Somarajan