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2015 Supreme(Ker) 799

B.KEMAL PASHA
K. K. ALAMELU – Appellant
Versus
L. PUSHKALA – Respondent


Advocate Appeared:
For the Petitioner:Sri. Babu Cherukara, Sri. Sevi Varghese, Smt. Rosamma Mathew, Sri. P.A. Salim, Sri. Anzar Basheer and Sri. K.S. Gireesan, Advocates.
For the Respondent:Sri. P.V. Anil, Sri. M. Anilprasad and Sri. T.R. Ravi, SC, Advocates.

JUDGMENT

B. KEMAL PASHA, J.

1. An application for succession certificate was filed by the legal heirs of deceased Venkiteswaran, who was working as an employee at the Sree Chithira Thirunal Institute of Medical Sciences and Technology, Thiruvananthapuram. He died while in service. He has nominated his sister, who is the petitioner herein, as the person entitled to receive his gratuity.

2. An application for succession certificate was filed by the wife and children of the deceased for availing the death cum retirement benefits of the deceased. The petitioner filed I.A. No. 1492 of 2013 in the succession O.P. for getting herself impleaded as the additional 2nd respondent. Through Ext.P10 order, the court below has dismissed the I.A. The said order is under challenge.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. According to the learned counsel for the petitioner, the 1st respondent/wife was leading an adulterous life and thereby the marital life of deceased Venkiteswaran and the first respondent fell apart. Thereafter, he was residing along with his sister, who is the petitioner herein, and he has changed the nomination to the person to










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