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2026 Supreme(Online)(Ker) 267

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
P.K. Manoharan – Appellant
Versus
Somasundaram (Died) – Respondent


Advocates:
For the Appellants/Petitioners: Sri.V.R.Kesava Kaimal
For the Respondents: Smt.M.A.Zohra, Sri.M.Muhammed Shafi

O R D E R

This review petition is filed against the order dated

08.08.2024 passed by this Court in I.A. No.4 of 2018 in R.F.A. No.439 of 2013 whereby the 2nd respondent herein/2nd appellant was impleaded as the legal representative of the deceased appellant. The review petitioners were defendants 1 and 2 in O.S.No. 54 of 2012 on the files of the Sub Court, Kannur.

2. The suit was filed by one K.K Somasundaran for recovery of possession and for permanent prohibitory injunction. The learned Sub Judge dismissed the suit by judgment dated 17.08.2012. Against the judgment and decree, the plaintiff preferred the above R.F.A and during the pendency of the appeal, he expired on

05.07.2017.

3. Sri.Sreekumar, the 2nd respondent herein, who was not party to the appeal, preferred I.A. No. 4 of 2018 in the appeal stating that the sole appellant K.K.Somasundaran died leaving behind his wife and three children and that Somasundaran had executed a registered Will bequeathing the plaint schedule property to him and since the plaint schedule property devolved on him, he may be impleaded as supplemental 2nd appellant and be permitted to continue to appeal as the legal representative of the deceased appe

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