Kumaran vs Balakrishnan

Type Court Judgment Court Kerala Decided May 31, 2023

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Citation: sooperkanoon.com/1330322
Court: Kerala High Court
Judge: Honourable Mr. Justice Sathish Ninan
Decided On: May 31, 2023
Case Number: AS/668/2000

Parties & Advocates

Appellant / Petitioner

Kumaran

Respondent

Balakrishnan

Excerpt

against the judgment and decree dated 31-3-2000 in os.no.1348/1995 of sub court, thrissur appellants / defendants: this appeal suits having come up for admission on 31.05.2023 along with cross objection no.68/2023, the court on the same day delivered the following:memorandum of cross objection no.68 of 2023 in cross objector / respondent no.1 in a.s: a.s.no.668 of 2000 & cross objection -: 3 :- this cross objection having come up for admission on 31.05.2023 along with a.s.no.668 of 2000, the court on the same day delivered the following:sathish ninan, j.============================== a.s.no.668 of 2000 & cross objection no.68 of 2023 ========================== dated this the 31st day of may, 2023judgmentthe appeal is defective for non-impleadment of the legal heirs of the deceased respondent - plaintiff. though notice was ordered to additional respondents sought to be impleaded, no steps have been taken.2. the learned counsel appearing for the appellants submits that, to his information, the disputes have been settled between the parties.3. the learned counsel appearing for therespondent submits that though the respondent died long back, the legal heirs have not contacted him so far. in the light thereof, the appeal and the cross objection are dismissed for non-prosecution. sd/- sathish ninan, judge rsr

Full Judgment

AGAINST THE JUDGMENT AND DECREE DATED 31-3-2000 IN OS.NO.1348/1995 OF SUB COURT, THRISSUR APPELLANTS / DEFENDANTS: THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 31.05.2023 ALONG WITH CROSS OBJECTION NO.68/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MEMORANDUM OF CROSS OBJECTION No.68 of 2023 IN CROSS OBJECTOR / RESPONDENT NO.1 IN A.S: A.S.No.668 of 2000 & Cross Objection -: 3 :- THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION ON 31.05.2023 ALONG WITH A.S.NO.668 OF 2000, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Sathish Ninan, J.

============================== A.S.No.668 of 2000 & Cross Objection No.68 of 2023 ========================== Dated this the 31st day of May, 2023

JUDGMENT

The appeal is defective for non-impleadment of the legal heirs of the deceased respondent - plaintiff. Though notice was ordered to additional respondents sought to be impleaded, no steps have been taken.

2. The learned counsel appearing for the appellants submits that, to his information, the disputes have been settled between the parties.

3. The learned counsel appearing for the

respondent submits that though the respondent died long back, the legal heirs have not contacted him so far. In the light thereof, the appeal and the cross objection are dismissed for non-prosecution. Sd/- Sathish Ninan, Judge rsr

Same Court & Year Kerala · 2023 Same Parties Kumaran vs Balakrishnan Same Judge Honourable Mr. Justice Sathish Ninan