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O.S. No. 1323/2018

Case between K C Babu vs Ulahannan et al regarding implementation of legal heirs in a money recovery suit

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-12-08
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

K C Babu, the plaintiff, is seeking to set aside the abatement of a suit due to the death of the first defendant, Ulahannan, and to implead the deceased's legal heirs as additional defendants. The case involves a claim for damages amounting to Rs.9,73,321/-.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the plaintiff's petition to set aside the abatement caused by the death of the first defendant and permitted the impleadment of the legal heirs as additional defendants. The application for the same was found to have merit, and costs were imposed.
Judgment Favored
Plaintiff
Relief Granted
Abatement of suit is set aside on costs of Rs.2,000/-
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's petition to set aside the abatement caused by the death of the first defendant and permitted the impleadment of the legal heirs as additional defendants. The application for the same was found to have merit, and costs were imposed.
Why Plaintiff Won:
The court found merit in the plaintiff's request to implead the legal heirs due to the right to sue surviving with the remaining defendant.
Losing Side's Weaknesses:
The court found merit in the plaintiff's request to implead the legal heirs due to the right to sue surviving with the remaining defendant.
Supporting Evidence
The petitioner has stated that he could not obtain the details of all legal heirs of the 1st defendant within a reasonable time. It is true that the plaintiff and defendants are neighbours.

Judgment Evidence:

In the result, 1) Petition is allowed. Abatement of suit is set aside on costs of Rs.2,000/-. Pay costs within 14 days. 2) Implead petitioners as additional 3ʳᵈ to 7th defendants in the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K C Babu
Party Age
64
Relation
S/o (late) K P Chellappan
Party Role
Defendant
Party Name
Ulahannan
Party Age
92
Relation
S/o (late) Nani
Party Role
Defendant
Party Name
M U Jose
Party Age
58
Relation
S/o (late) Ulahannan
Party Role
Defendant
Party Name
Kathrikutty
Party Age
85
Relation
W/o (late) Ulahannan
Party Role
Defendant
Party Name
Sali John
Party Age
60
Relation
D/o (late) Ulahannan
Party Role
Defendant
Party Name
Jancy John
Party Age
56
Relation
D/o (late) Ulahannan
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Varghese P Chacko
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dennis Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Naveen T U
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jose Kuriakose
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Petition to set aside the abatement of the suit and to implead the legal heirs as additional defendants.
Evidence:
Petition is allowed. Abatement of suit is set aside on costs of Rs.2,000/.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K C Babu vs Ulahannan et al regarding implementation of legal heirs in a money recovery suit
Case Code Year
Case between K C Babu vs Ulahannan et al regarding implementation of legal heirs in a money recovery suit

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 12/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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