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2008 Supreme(Ker) 757

P.R.RAMAN, V.K.MOHANAN
Elsy – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

P.R. Raman, J.

1. The applicants in EA 353/2007 and 354/2007 in EP 340/2003 in OS 55/1994 are the petitioners in this writ petition. EA 353/2003 is an application for impleadment of the petitioners as additional decree holders 2 to 6. EA 354/2003 is filed seeking consequent amendment to be made. Petitioners, in order to prove that they are the legal heirs of the decree holder, produced family membership certificate issued by the Officer concerned. The Court below, by Ext. P3 order, following the decision of this Court in Ramakrishnan Nair v. Easwari Amma, 1979 KHC 133 : 1979 KLT SN 60 : AIR 1979 Ker. 231 : 1979 KLN SN 27 : 1979 KLT 401 and also the decision in M. C. Sreedharan v. Pattieri Kumaran, 1981 KHC 430 : 1980 KLN SN 58 : AIR 1981 Ker. 51 held that the petitioners cannot be allowed to be impleaded as additional decree holders to proceed with the application except on production of succession certificate and hence the case was adjourned to 28/05/2007 for production of such succession certificate. Petitioners seek to quash Ext. P3 order on the ground that they are not liable to produce any succession certificate as contemplated under S.214 of the Indian Succession Act.


































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