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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
THANAKANDI ANEESH – Appellant
Versus
THENAKANDI T.K. VENU – Respondent
| Table of Content |
|---|
| 1. petitioner's contestation based on the claimed will and the related partition suit. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding rights and procedural diligence. (Para 4 , 5 , 6) |
| 3. court's rationale applying procedural principles regarding delays and documentation necessity. (Para 7 , 8 , 9 , 10 , 11) |
| 4. final dismissal based on examination of the merits and procedural adherence. (Para 12) |
JUDGMENT
The petitioner is the 5th defendant in a suit for partition. Nine items of property were included in the suit. The petitioner entered appearance and contested the suit, contending that item Nos. 5 and 6 are not partible by virtue of a registered Will No.38/2000 executed in his favour as well as in favour of his mother. Though a written statement was filed, the petitioner did not appear to adduce any evidence. The case was posted for trial on 06.12.2013. On the said date, the counsel for the petitioner reported no instructions. The case was thereafter posted to 07.01.2014, on which date a preliminary decree for partition was passed. Later, on 17.09.2014, the petitioner entered appearance in the final decree proceedings. It is also pointed out that the
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