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2025 Supreme(Online)(KER) 11448

HIGH COURT OF KERALA
BASANT BALAJI, J
E.K. DAMODARAN – Appellant
Versus
KALLIANI AMMA – Respondent


Advocates:
R.PARTHASARATHY, B.KRISHNAN, Adv. Rakesh Roshan K, THUSHARA.V(K/300/2003)

JUDGMENT

(Dated this the 11th day of February 2025)

This original petition is filed to set aside Ext P6 order and to allow the application I.A. No 1/2024 in O.S. No 4/2022 before the Sub Court, Vadakara.

2. Brief facts of the case are as follows: - The petitioner is the petitioner in I.A. 1/2024, which was filed to get himself impleaded in O.S. No 4/2022, filed against the respondents to this petition, who are the plaintiffs and defendants in the suit. The suit was filed for partition by intestate succession of plaint A schedule property of one Raman Nair among his children by his 1st wife, 2nd wife and children. One of his daughters named, Devi, who was domiciled in Chennai, died on 01-10-2020. The petitioner, the husband of said Devi, was excluded from the suit, joining his children alone, who are the defendants 6 and 7 in the suit. The court below, by impugned order Ext P6, dismissed Ext P2 filed by him under Order 1 Rule 10(2) CPC to join the suit as a party.

3. Heard the counsels appearing for the petitioner and the respondents.

4. The counsel appearing for the petitioner has contended that the court below erred in dismissing the application for impleadment filed by the petitioner,

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