Dismissed
Latha Agencies v. C.P.Surendran
Kerala HCEx.FA/15/2017
Case brief
AI extract
What is this about?
Two execution first appeals were dismissed. The High Court held that it is impermissible for any party to a suit, including a partnership firm, to seek the remedy of a claim petition under Order XXI Rule 58 of CPC. Consequently, the appeal filed by Latha Agencies against the dismissal of their claim petition was rejected.
What did the court decide?
Both execution first appeals (Ex.FA Nos. 10/2017 and 15/2017) were dismissed as the appeal petitions were misconceived.