The Court held that as the contesting respondent (Respondent 1) had expired and the petitioner had failed to bring the legal representatives on record, the Original Petition stands abated. Consequently, the petition was dismissed and the relief sought in the connected C.M.P. was also dismissed without considering its merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929
OP.No. 9869 of 1995(Y)
PETITIONER:
EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, KOTTARAKKARA.
BY ADV. SRI.P.V.KUNHIKRISHNAN, SC, KSEB SRI.C.RAGHAVAN, SC, KSEB SRI.N.D.PREMACHANDRAN, SC, KSEB BY STANDING COUNSEL MR.C.K.KARUNAKARAN
RESPONDENTS:
BY ADV. SRI.C.V.VASUDEVAN
THIS ORIGINAL PETITION HAVING COME UP FOR FINAL HEARING ON 19/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE PRELIMINARY ORDER DATED 14.8.91 ISSUED BY THE 3RD RESPONDENT.
EXT.P2 TRUE PHOTO COPY OF THE FINAL ORDER DATED 31.5.94 ISSUED BY THE 3RD RESPONDENT.
EXT.P3 TRUE PHOTO COPY OF THE REVISION ORDER DATED 21.12.1994 PASSED BY THE 4TH RESPONDENT.
EXT.P4 TRUE PHOTO COPY OF THE SALE DEED DATED 27.9.76 EXECUTED IN FAVOUR OF THE FIRST RESPONDENT'S WIFE.
RESPONDENTS' EXHIBITS:
EXT.R1 TRUE COPY OF THE REPORT DATED 28.4.91 FILED BY THE ASSISTANT EXECUTIVE ENGINEER, KOTTARAKKARA.
/ TRUE COPY /
H.L.DATTU, C.J. & K.T.SANKARAN, J.
O.P.No.9869 of 1995
Dated, this the 19th day of July, 2007
JUDGMENT
H.L.Dattu, C.J.
Respondent No.1 who is the contesting respondent in this original petition has expired long back. Petitioner has not taken any steps to bring the legal representatives of the first respondent, who is the contesting respondent. In view of that, in our opinion, this petition stands abated. Registry is directed to concise this original petition to the record room.
Ordered accordingly.
( H.L.DATTU) CHIEF JUSTICE
(K.T.SANKARAN) JUDGE
vns
EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.BOARD, KOTTARAKKARA
J.MURALI
H.L.DATTU
K.T.SANKARAN
As recorded by the court registry
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