Devayani @ Kanaka v. Kalyani
Case brief
What is this about?
Appeal dismissed without prejudice in a partition suit because the impugned judgment rendered by the lower appellate court was a nullity as it ignored the death of a party prior to the final hearing.
What the court decided
A compact analysis
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 P.B.SURESH KUMAR
WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937
RSA.No. 158 of 2013
AS 208/2007 OF II ADDITIONAL SUB COURT,THRISSUR DATED 25-07-2012. OS 1701/2003 OF PRINCIPAL MUNSIFF COURT,THRISSUR DATED 05-11-2005.
APPELLANTS/RESPONDENTS NOS,1,2,3 &8/DEFENDANTS NOS.1, 2, 3& 8 :
1. DEVAYANI @ KANAKA, AGED 57 YEARS, W/O.LATE KOLATT VEETTIL VENUGOPALAN, ERAVU VILLAGE, -DO- DESOM, THRISSUR TALUK.
2. BINDU, AGED 35 YEARS, D/O.KOLATT VEETTIL VENUGOPALAN, -DO-.
3. BIJU, AGED 28 YEARS, S/O. -DO-, DO-.
4. UNNI THANKA, AGED 61 YEARS, D/O.KOLATTIL PARAN, ERAVU VILLAGE, -DO- DESOM, THRISSUR TALUK.
Issues for consideration
2 issues framed by the court
Whether the second appeal is maintainable when the impugned judgment of the lower appellate court was rendered in ignorance of the death of a party.
Whether the remedy for appellants is to dismiss the second appeal without prejudice to their right to reopen it before the lower appellate court.
Parties & counsel
- appellant
Devayani @ Kanaka
- appellant
Bindu
- appellant
Biju
- appellant
Unni Thanka
- respondent
Kalyani
- respondent
Case details
As recorded by the court registry
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