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2026 Supreme(Online)(Ker) 10113

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
R.JANARDHANAN (DIED) – Appellant
Versus
SAJI MODIYIL – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.KRISHNANUNNI (SR.), SRI.K.C.KIRAN, SMT.MEENA.A.
For the Respondents: SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.THOMAS GEORGE

Dated this the 31st day of January, 2026 JUDGMENT This appeal is preferred by the Plaintiff, who is no more, and one of the legal heirs is prosecuting the appeal. Before this Court proceeds to consider the case on merits, it is imperative for this Court to give certain intervening developments. During the pendency of the appeal, the sole appellant died and his two daughters were impleaded as additional appellants 2 and 3. While so, it is brought to the notice of this Court by the learned counsel for the respondents that the appellants 2 and 3 have entered into an inter se partition and the 3rd appellant had informed the learned counsel for the respondents that she is not interested in prosecuting the appeal further. Accordingly, the copy of the partition deed was produced before this Court. Later, the

2nd appellant filed an application to transpose the 3rd appellant as the 3rd respondent in the appeal. Notice was ordered, but none appeared. Accordingly, by the Order dated 17.11.2025, this Court allowed the application for transposition and transposed the 2nd appellant as the 3rd respondent in the appeal and thereafter, the appeal was proceeded further. While so, on 24.01.2026, a me

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