IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
SARASAMMA AGED 65 YEARS W/O VASU, PUTHENPURAYIL, THIRUVANCHOOR KARA, MANARCADU VILLAGE. KOTTAYAM TALUK KOTTAYAM DISTRICT – Appellant
Versus
RAJU AGED 60, S/O LATE MADHAVAN, PUTHENPURAYIL, THIRUVANCHOOR KARA, MANARCADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT – Respondent
| Table of Content |
|---|
| 1. challenge against the original decree and counter claim. (Para 1) |
| 2. discussion on legal remedies available under cpc. (Para 2) |
| 3. court decision highlighting jurisdictional propriety. (Para 3) |
The Original petition is filed by the petitioners as against the decree passed by the Trial court in O.S.No.848/2016 dated
29.03.2025.
2. The learned counsel for the petitioners submits that the petitioners are defendant Nos.1 to 3 in the suit, wherein the tenth defendant said to be filed a counter claim in the very same Suit and the tenth defendant not entered in the witness box and not laid any evidence but the Trial court decreed the suit of the plaintiff who is none other than the wife of the tenth defendant and also decreed the counter claim as against this defendants. Therefore, it is submitted he has already challenged the original decree by filing the appeal A.S.No. 66/2025 but not filed the any appeal against the decree of the counter claim and the plaintiff stating he is not party to the counter claim hence he is before this court. Considering the submission made by the learned counsel, once the decree passed by the Munsiff court or Trial court it is appelable decree
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