The appellant failed to implead legal heirs of deceased respondents and did not pursue the matter. The High Court held the appeal had abated due to inactivity and lack of necessary parties, dismissing it.
Appeal dismissed as abated.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928
SA.No. 579 of 1993()
-------------------AS.84/1990 of DISTRICT COURT, MANJERI OS.139/1987 of MUNSIFF COURT,PERINTHALMANNA
APPELLANT/RESPONDENT/PLAINTIFF:
VELLATTU MADHAVIKUTTY AMMA, D/O.KUNHILAKSHMI AMMA NENMARA AMSOM AND DESOM, CHITTUR TALUK, PALAKKAD DT.
BY ADV. SRI V R VENTIKA KRISHNAN & N.C.JOSEPH
RESPONDENTS/APPELLANTS/DEFENDANTS:
DEATH OF 3RD RESPONDENT RECORDED VIDE ORDER DATED 4/10/06 IN MEMO FILED ON 19/9/2006
BY ADV. SRI N.SUGATHAN
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.NO. 1400/93 & 1089/94 IN SA 579/93
DISMISSED
14/3/2007
SD/-M.SASIDHARAN NAMBIAR,JUDGE.
//True copy//
PA to Judge.
M.SASIDHARAN NAMBIAR,J.
S.A .NO.579 OF 1993
Dated 14th March 2007
J U D G M E N T
Learned counsel appearing for appellant submitted that in spite of sending notice appellant did not turn up to take steps to implead the legal heirs. Another memo was filed reporting death of first respondent on 15/10/2006. A memo was filed reporting death of third respondent on 26/8/2002. No steps taken to implead the legal heirs. Hence appeal dismissed as abated.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
=============================
M.SASIDHARAN NAMBIAR,J.
JUDGMENT
S.A.No.579 OF 1993
14th March 2007
============================
1 issue framed by the court
Whether the appeal abated due to non-impleadment of legal heirs and death of respondents.
Vellattu Madhavikutty Amma
Koloth Kuttan
M Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
