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2019 Supreme(Online)(KER) 19627

HIGH COURT OF KERALA
A.HARIPRASAD, T.V.ANILKUMAR, JJ
G.RADHA LEKSHMY, – Appellant
Versus
SAJITHA PANAYAPPALLIL THANKAPPAN @ SAJITHA UDAY – Respondent


Advocates:
Sri.K.P.Sreekumar, Sri.N.K.Mohanlal

JUDGMENT

Hariprasad, J.

Heard the learned counsel for the petitioners and respondent.

2. Petitioners are owners of a building, which was outstanding in the possession of tenants. According to the petitioners, Indian Saree House, a partnership firm was holding the petition schedule building as tenant. Petitioners filed R.C.P.No.2 of 2010 before the Rent Control Court, Ernakulam impleading the firm as the 1st respondent, Sivaraman, who was the managing partner of the firm as the 2nd respondent and his sons, Udayabhanu and Nishanth, as respondents 3 and 4 respectively. It is the case of the petitioners that on 12.04.2011 Sivaraman died. On 30.06.2011 the respondents produced a memo showing names of the legal representatives of deceased Sivaraman. It was shown that Ammini Sivaraman, wife of deceased Sivaraman and her children, Udayabhanu, Sreedevi Narasimham and Nishanth are the persons on whom the right to be sued devolved after the death of Sivaraman. Since there was substantial representation of the legal representatives of deceased Sivaraman, the petitioners did not implead his daughter Sreedevi Narasimham and his wife Ammini Sivaraman. However, an order of eviction was passed by the

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