The High Court of Kerala dismissed the appeal filed in an asset suit for partition due to non-prosecution, noting that an effective decree could not be granted without the seventh respondent on the party list.
The entire appeal was dismissed for non-prosecution and C.M.P.No.5392/1995 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930
AS.No. 741 of 1995()
-------------------OS.285/1993 of SUBORDINATE JUDGE'S COURT, KOZHIKODE
APPELLANT/PLAINTIFF:
EDATHIL MEENAKSHI, D/O.CHATHUKUTTY ALIAS SANKARAN EDATHIL HOUSE, NELLIKODE AMSOM AND DESOM, KOZHIKODE DT.
BY ADV. SRI.M.C.SEN
RESPONDENTS/DEFENDANTS:
AS NO.741/1995
2
BY ADV. SRI.P.P.JACOB
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. PADMANABHAN NAIR ,J.
A.S.No.741 of 1995
------------------------------------------------Dated, this the 4th day of April, 2008 JUDGMENT
Today also the appellant seeks further time to take steps to issue notice to seventh respondent. Suit is one for partition. No effective decree can be granted without seventh respondent on the party array. So the entire appeal is dismissed for non-prosecution.
C.M.P.No.5392/1995 in A.S.No.741/1995 will stand dismissed.
K. PADMANABHAN NAIR, JUDGE.
cks
2
K.PADMANABHAN NAIR, J.
A.S.No.741 of 1995
JUDGMENT
4th April, 2008.
2 issues framed by the court
Whether the appeal for partition should be dismissed for non-prosecution due to missing party.
Whether a notice to the seventh respondent is required before proceeding.
Edathil Meenakshi
Vasandhara
Kunhisankaran
Anandan
Medhini
Anjaneayan
K. Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
