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2020 Supreme(Ker) 46

S.MANIKUMAR, SHAJI P.CHALY
Silva – Appellant
Versus
Francis – Respondent


Advocates Appeared:
For the Appellant : Smt.Sherly Thomas, Adv.
For the Respondent: Smt.Mereena Joseph, Adv., Sri.Tek Chand, Sr.GP

JUDGMENT :

S. Manikumar, J.

Instant writ appeal is filed against judgment dated 13.09.2018 in W.P.(C) No.13781 of 2018. Relevant portion of the said judgment is reproduced hereunder:

    “11. In view of the various aspects stated herein above, the impugned order at Ext.P-4 is illegal and ultra vires. Accordingly, the impugned Ext.P-4 order dated 16.2.2018 will stand set aside. It is also ordered that the all actions taken in consequence thereof are also declared as illegal and ultra vires. So in case R-1 and R-2 are still residing in the abovesaid residential building of the petitioners, then R-1 and R-2 are liable to vacate the premises, which they occupy on the strength of Ext.P-4 order.

12. However, it is made clear that R-1 and R-2 will be at liberty to file appropriate application for grant of maintenance after impleading all the children concerned and in case R-1 and R2 have any case that his children are financially incapable of providing them maintenance, then R-1 and R-2 may implead all the grandchildren also as respondents in the said application. It is further made clear that in case R-1 and R-2 do not implead all the parties concerned in such application, then it will be open t

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