Case Summary
The case involves recovery of money and a permanent prohibitory injunction against the defendants. The 4th defendant had died, and his legal heirs were not included in the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court determined that the decree was a nullity as it was against a dead person.
The court determined that the decree was a nullity as it was against a dead person.
Judgment Evidence:
Hence, it is clear that the decree in the case is one passed as against a dead person and therefore is nullity. The decree, as is sought for in this E.P, cannot be executed. Hence dismissed.
Parties Involved
Plaintiffs
M.C. Antony (46 years)
Paradedam House, Vaduthala, Cochin
Thankamma (62 years)
Mundan House, Vaduthala Desom, Cheranalloor Village, Kanayannoor Taluk
Sini (44 years)
Mundan House, Vaduthala Desom, Cheranalloor Village, Kanayannoor Taluk
Mini (42 years)
Mundan House, Vaduthala, Desom, Cheranalloor Village, Kanayannoor Taluk
Cyriac @ Siju (40 years)
Mundan House, Vaduthala Desom, Cheranalloor Village, Kanayannoor Taluk
Defendants
Chandrasekharan (52 years)
Cherukattu, Pachalam, Ernakulam
M.K. Ladhika (46 years)
Cherukattu, Pachalam, Ernakulam
Shanthilal alias Shibu (28 years)
Cherukattu, Pachalam, Ernakulam
Shujath alias Aniyan (23 years)
Cherukattu, Pachalam, Ernakulam
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The decree sought for cannot be executed as it is against a deceased person.
Evidence:
the decree in the case is one passed as against a dead person and therefore is nullity.