IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
ANITHA MOHAN – Appellant
Versus
DIVINDHU – Respondent
| Table of Content |
|---|
| 1. the need for a legal representative in execution depends on if the monetary claim is pursued. (Para 1 , 2) |
| 2. acknowledgment of cessation in pursuing the monetary claim leads to the dismissal of the impleading application. (Para 3) |
JUDGMENT
The original petition has been filed by the legal representative of the deceased 1st judgment debtor. The petitioner’s predecessor died pending E.P.No.7 of 2022 in O.S.No.144 of 2015 on the file of the Munsiff Court, Kanjirappally, which was a suit for eviction of 1st defendant and her son 2nd defendant and his wife Ambili from item No.2 building in plaint item No.1 property. It is stated that there is yet another building in item No.1 property, which is in the use and occupation of the petitioner. The petitioner filed an application for impleading her as a respondent in the execution petition on the death of the 1st defendant. Respondents 2 and 3 filed another petition as E.A.No.1/2023 seeking to dismiss the execution petition since all the legal representatives of the deceased 1st judgment debtor/1st defendant are not made parties. The 1st defendant had preferred an appeal against the original judgment which had been dismisse
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.