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2025 Supreme(Online)(Ker) 57831

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
AKHINISSERI KUMMULLIL SANTHINI @ SANTHINI SASHI – Appellant
Versus
RAYAROTH KODERI SREEDHARAN NAMBIAR – Respondent


Advocates:
For the Appellants/Petitioners: V.V.SURENDRAN, P.A.HARISH
For the Respondents: LIJI.J.VADAKEDOM, ATHUL V. VADAKKEDOM, P.U.SHAILAJAN, S.L.SYLAJA

ORDER

These review petitions have been filed on an apprehension that while considering the question of apportionment, the Court will not look into documents and would also look into documents which should not be looked into. I do not find any reason for such apprehension. This Court has specifically directed the court below to consider the question of impleading alone and at that stage there is no requirement to render any finding regarding the right of apportionment. It is submitted that pursuant to the orders of this Court, the court below has allowed the impleading application, finding that a prima facie case has been made out. The said finding can only be a finding for the purpose of the impleading petition and the question whether the persons who have been impleaded are entitled to apportionment is to be decided on merits without any reference to the said prima facie finding. In the judgment in O.P(C).No.993 of 2018 which arise from LAR.No.86 of 2013, this Court had noted the argument of the counsel for the respondents that there is already an observation that the Commission report filed in LAR.No.85 of 2013 should not be looked into for the purpose of deciding LAR.No.86 of 2

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