Cherian vs Joseph on 16 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS No. 350 of 1997()



1. CHERIAN
                      ...  Petitioner

                        Vs

1. JOSEPH
                       ...       Respondent

                For Petitioner  :SRI.K.K.CHANDRAN PILLAI

                For Respondent  :SRI.V.GIRI

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :16/03/2007

 O R D E R
                         K.Padmanabhan Nair,J.

                       --------------------------------

                            A.S.No.350 of 1997-E

                       --------------------------------


                 Dated, this the 16th day of March, 2007


                                  JUDGMENT

The plaintiff in a suit for declaration and partition is

the appellant. The trial Court dismissed the suit. In this appeal

filed by the plaintiff, this Court ordered notice to all the

respondents. Notice to respondents 5 and 6 is not yet served.

Hence the appeal as against them was dismissed.

2. The suit is one for partition. The matter cannot be

adjudicated on merits without all the interested parties on the

array of parties. Since respondents 5 and 6 were impleaded in

the suit as persons having some interest, without them in the

party array this appeal cannot be disposed of on merits. So, this

appeal is only to be dismissed.

In the result, the appeal is dismissed.

K.Padmanabhan Nair

Judge

vku/-