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Karthyani Vs Krishnankutty — Civil Procedure and Limitation | Kerala HC (2018)

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Karthyani Vs KrishnankuttyKarthyani v. Krishnankutty

Dismissed

Karthyani v. Krishnankutty

Kerala HC16 Oct 2018SA/815/1997

Case brief

AI extract

What is this about?

Second appeals were dismissed for default as the appellant's counsel reported no instructions and registered notices received no response.

What did the court decide?

Second appeals dismissed for default.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY ,THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

SA.No. 815 of 1997

AGAINST THE JUDGMENT AND DECREE DATED 28.2.1997 IN AS 86/1991 of PRINCIPAL SUB COURT, PALAKKAD

AGAINST THE JUDGMENT AND DECREE DATED 18.03.1989 IN OS 107/1981 of MUNSIFF COURT, ALATHUR

APPELLANT/PLAINTIFF:

KARTHYAYANI

W/O.MANI,RESIDING AT MUDAPALLUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.

BY ADV. T.C.SURESH MENON

RESPONDENT/RESPONDENT/DEFENDANT :

Parties & counsel

AI extract

appellant
KARTHYAYANI W/O.MANI
respondent
KRISHNANKUTTY S/O. ELANGOTTIL CHAMI
respondent
NANI KRISHNANKUTTY
respondent
SUMATHY D/O.LATE KRISHNANKUTTY
respondent
GANGADHARAN S/O.LATE KRISHNANKUTTY
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 16 Oct 2018 · October
Registered: 7 Nov 1997
Case no.: SA/815/1997

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Cite this judgement

Karthyani v. Krishnankutty, SA/815/1997 (KL), decided on 16 October 2018.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.B.SURESH KUMAR

Parties & counsel

Outcome

Second appeals dismissed for default.

Detailed headnote1 paragraphs

In the absence of instructions from the appellant despite served registered notices, the second appeals were dismissed for default proceedings.

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.

1 * KRISHNANKUTTY S/O. ELANGOTTIL CHAMI, RESIDING AT MUDAPALLUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT (DIED).

ADDL. RESPONDENTS 2 TO 6 :

ADDL.R2 NANI KRISHNANKUTTY, WIDOW OF KRISHNANKUTTY.

ADDL.R3SUMATHY,

D/O.LATE KRISHNANKUTTY.

ADDL.R4GANGADHARAN, S/O.LATE KRISHNANKUTTY.

ADDL.R5SULOCHANA, D/O.LATE KRISHNANKUTTY.

ADDL.R6MURALEEDHARAN, S/O.LATE KRISHNANKUTTY.

*THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 2 TO 6 AS PER ORDER DATED 3.9.2018 IN I.A. 3/1997(I.A.2660/2010) BY ADVS. SRI.BEPIN VIJAYAN SRI.V.V.ASOKAN (SR.)

THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 16.10.2018, ALONG WITH SA.834/1997, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SA.Nos. 815 & 834 of 1997

2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY ,THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940

SA.No. 834 of 1997

AGAINST THE JUDGMENT AND DECREE DATED 28-02-1997 IN AS 85/1991 of SUB COURT, PALAKKAD

AGAINST THE JUDGMENT AND DECREE DATED 18-03-1989 IN OS 248/1986 of MUNSIFF COURT, ALATHUR

APPELLANT/APPELLANT/4TH DEFENDANT:

KARTHYAYANI

W/O.MANI, RESIDING AT MUDAPALLUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.K.B.PRADEEP

RESPONDENTS/RESPONDENTS/PLAINTIFF & DEFENDANTS 1 TO 3 & 5 to 7:

1 KRISHNAN

S/O.ELANGOTTIL CHAMI, RESIDING AT MUDAPALLUR AMSOM, ALATHUR TALUK, PALAKKAD.

2 MADHAVI,

D/O.ELANGOTTIL CHAMI, RESIDING AT KIZHAKENCHERY AMSOM, ALATHUR TALUK, PALAKKAD.

3 RAGHAVAN,

S/O.ELANGOTTIL CHAMI, RESIDING AT MUDAPALLUR AMSOM, ALATHUR TALUK, PALAKKAD.

4 DEVAKI, D/O.ELANGOTTIL CHAMI, RESIDING AT SATHYANARAYANA TEMPLE STREET, 1ST CROSS NO.7 ULSOOR, BANGALORE.

5 SIVANANDAN, S/O.ELANGOTTIL CHAMI, RESIDING AT SATHYANARAYANA TEMPLE STREET, 1ST CROSS NO.7 ULSOOR, BANGALORE.

6 PARVATHY, W/O.CHANDRAN, RESIDING AT VANDAZHI AMSOM, ALATHUR TALUK, PALAKKAD.

SA.Nos. 815 & 834 of 1997

3

7 KANDAMUTHAN ALIAS K.M.MUTHU, S/O.MUNCHU, RESIDING AT T.C.NO.23885, VALIYASALA, THIRUVANANTHAPURAM.

R1 BY ADVS. SRI.BEPIN VIJAYAN SMT.JIJIMOL J.VADAKKEN SRI.V.V.ASOKAN (SR.)

THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 16.10.2018, ALONG WITH SA.815/1997, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SA.Nos. 815 & 834 of 1997

4

JUDGMENT

The learned counsel for the appellants submits that though registered notices were sent to the appellants, there is no response from them. As the counsel reports no instructions, the second appeals are

dismissed for default.

Sd/-

P.B.SURESH KUMAR

JUDGE

SKS

SULOCHANA D/O.LATE KRISHNANKUTTY

Coram

AI extract

P.B.SURESH KUMAR

CNR

KLHC010394861997

Topic

Civil Procedure and Limitation

Bench

P.b.suresh Kumar

Disposal

DISMISSED FOR DEFAULT

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