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2016 Supreme(Ker) 1464

K.RAMAKRISHNAN
Sarojini Amma – Appellant
Versus
Gopalan – Respondent


Advocates Appeared:
For the Petitioners: K.M. Firoz, S. Kannan & M. Shajna.
For the Respondents: Biju Abraham, B.G. Bhaskar, P.S. Sreedharan Pillai, T.K. Sandeep, Arjun Sreedhar & Arun Krishna Dhan.

ORDER :

Petitioners in I.A No.4555 of 2014 and 4556/14 in O.S No.272 of 2013 on the file of the First Additional Munsiff Court, Kozhikode are the revision petitioners herein. The first respondent herein as plaintiff filed O.S No.271 of 2013 on the file of the First Additional Munsiff Court, Kozhikode for declaring his right over the plaint schedule property on the basis of a joint will executed by one Gopalan Nair and his wife, Madhaviamma, who is none other than the sister of first defendant and 4th defendant and for mandatory injunction directing the defendants to vacate the premises. The suit was listed on 01.11.2014. On that day the defendant did not appear and so they were declared ex parte and the suit was decreed ex parte on 05.11.2014. According to the revision petitioners, they did not appear on 01.11.2014 on the ground that defendants 4 to 11 told her that since their advocate was not present, they will be moving for an adjournment and on the belief that the case will be adjourned on that day, they did not appear. On 06.12.2014 when they went to the office of their advocate, it was revealed that the suit was decreed ex parte on 05.11.2014. Immediately they have taken steps



































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