Dismissed

Krishnan and Another v. Janaki and Others

Kerala HC13 Mar 2019RSA/605/2011

Case brief

AI extract

What is this about?

The High Court dismissed the regular second appeal as abated against respondents 2, 4, and 5 due to failure to implead legal representatives of deceased parties and failure to serve notice on the seventh respondent despite granted time. The appeal was also dismissed for non-prosecution against other respondents.

What did the court decide?

The appeal was dismissed as abated against respondents 2, 4, and 5 and for non-prosecution against remaining respondents.

Krishnan and Another Vs Janaki and Others — Succession and Inheritance | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

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RSA.No. 605 of 2011

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AGAINST THE JUDGMENT AND DECREE DATED 10-07-2008 IN AS 64/2002 of SUB COURT, TIRUR

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AGAINST THE JUDGMENT AND DECREE DATED 16-07-2002 IN OS 78/1999 of MUNSIFF COURT, TIRUR

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APPELLANTS/APPELLANTS/DEFENDANTS 4 AND 9:

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1 KRISHNAN, S/O PALATHOTTIL RAMAN, IRIMBILIYAM AMSOM, VENDALLOOR DESOM, TIRUR TALUK.

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2 SAKUNTHALA, D/O. PALATHOTTATHIL KRISHNAN, W/O. CHAVARENGAL CHANDRAN, IRIMBILIYAM AMSOM, VENDALLOOR DESOM, TIRUR TALUK.

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BY ADVS. SRI.T.KRISHNANUNNI (SR.) SMT.P.A.SHEEJA SRI.K.C.KIRAN SRI.SAJU.S.A

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RESPONDENTS/RESPONDENTS/PLAINTIFF, D1 TO D3, D5 TO D8:

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1 JANAKI, D/O PALATHOTTIL RAMAN, THOZHUVANUR AMSOM DESOM, TIRUR TALUK, PIN-676 101.

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2 KARTHIYANI, D/O. PALATHOTTIL RAMAN, ATHAVANAD AMSOM DESOM, TIRUR TALUK, PIN-676 310.

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3 DEVAKI, D/O. PALATHOTTIL RAMAN, IRIMBILIYAM AMSOM, VENDALLOOR DESOM, TIRUR TALUK, PIN-679 572.

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4 NARAYANI, D/O. PALATHOTTIL RAMAN, THALAKKAD AMSOM, PULINCHODE, TIRUR TALUK, PIN-676 101.

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5 ARAMUGHAN, S/O. PALATHOTTIL RAMAN THALAKKAD AMSOM, PULINCHODE, TIRUR TALUK, PIN-676 101.

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RSA.No. 605 of 2011 2

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6 KALLIANI, W/O. PALATHOTTIL KORU, THALAKKAD AMSOM, PULINCHODU, TIRUR TALUK,, PIN-676 101.

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7 ASOKAN @ KRISHNANKUTTY, IRIMBILIYAM AMSOM, VENDALLOOR DESOM, TIRUR TALUK, PIN-679 572.

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8 SAIDALAVI, S/O. KALIYATHU KUNHIMOIDEEN, IRIMBILIYAM AMSOM DESOM, TIRUR TALUK, PIN-679 572.

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RSA.No. 605 of 2011 3

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JUDGMENT

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It is a matter of the year 2011. No steps were

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taken to implead the legal representatives of

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deceased respondents 2,4 and 5 and no steps were taken to serve notice to seventh respondent. This court has granted time on 14/02/2019. But inspite of grant of time, so far no steps were taken. The appeal stood as abated as against respondents 2,4 and 5.

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Hence, the appeal is dismissed as abated as

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against respondents 2,4 and 5 and for non

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prosecution as against the remaining respondents.

Sd/-

P.SOMARAJAN

JUDGE

msp

//TRUE COPY//

P.A. TO JUDGE

Krishnan and Another v. Janaki and Others

Case brief

What is this about?

What did the court decide?

Krishnan and Another v. Janaki and Others

Case brief

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