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P.M.Thomas Vs Mathew — Kerala HC (2009) — LawSathi Research

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Kerala HC
2009
P.M.Thomas Vs MathewP.M.Thomas v. Mathew

Dismissed

P.M.Thomas v. Mathew

Kerala HC12 Jan 2009AFA/88/1994

Case brief

AI extract

What is this about?

Appeal dismissed on grounds that appellant ceased to exist due to death and the matter was settled out of court, rendering no lis pending.

What did the court decide?

Appeal dismissed.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.R.RAMAN &

THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR

MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930

AFA.No. 88 of 1994()

(A.S. 391/1988 OF THIS COURT) (OS.231/1987 OF PRL.SUB COURT,KOTTAYAM

APPELLANT:

MATHEN, S/O. KURUVILA,

AGED 45 YEARS, PLACKATT HOUSE, VELLAMEL, KINATTUKARA PURAYIDOM, KARIKKATTOOR P.O., MANIMALA, KOTTAYAM DISTRICT.

BY ADV. SRI.M.C.JOHN

Parties & counsel

AI extract

appellant
Mathen
respondent
Pl. M. Thomas
respondent
Devasia Varghese

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 12 Jan 2009 · January
Registered: 20 Sept 1919
Case no.: AFA/88/1994

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Cite this judgement

P.M.Thomas v. Mathew, AFA/88/1994 (KL), decided on 12 January 2009.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P. R. Raman and C. T. Ravikumar

Parties & counsel

Outcome

Appeal dismissed.

Detailed headnote1 paragraphs

The appeal was dismissed. Counsel submitted that the appellant died long ago and his legal representatives were not on record. Furthermore, the matter was settled out of court, eliminating any pending adjudication (lis). Consequently, the appeal lacks cause for adjudication.

A compact analysis

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.

RESPONDENTS:

PL.M. THOMAS, PLAKKAT HOUSE, NOW RESIDIG AT PLACKATT HOUSE, P.B. NO. 1859, COCHIN - 17.

DEVASIA VARGHESE, KULANGARA HOUSE, NALUKODI, CHANGANACHERRY.

ADV. SRI.P.KESAVAN NAIR.

THIS APPEAL FROM FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R. RAMAN & C.T.RAVI KUMAR, JJ.

= = = = = = = = = = = = = A.F.A. NO. 88 OF 1994

= = = = = = = = = = = = = = =

DATED THIS, THE 12TH DAY OF JANUARY, 2009.

J U D G M E N T

Raman, J.

Learned counsel appearing on behalf of the appellant submitted that the appellant died long back and his legal representatives are not brought on record. Further, there is no lis pending adjudication since the matter is

settled out of court.

Accordingly, this appeal is dismissed.

P.R. RAMAN, (JUDGE)

C.T.RAVIKUMAR, (JUDGE)

knc/-

:2:

P.R. RAMAN & C.T. RAVIKUMAR, JJ.

= = = = = = = = = = = = = =

A.F.A. 88/1994

= = = = = = = =

J U D G M E N T

= = = = = = = = =

12.1.2009.

P. R. Raman

C. T. Ravikumar

CNR

KLHC010000601994

Bench

C.t.ravikumar Mary Joseph

Disposal

DISMISSED