The High Court of Kerala dismissed the second appeal as abated. The court held that since the sole respondent died, no legal representative came forward to be impleaded before expiry of the time period, rendering the appeal barred.
The second appeal (S.A. No. 586 of 1995) and C.M.P. No. 1516 of 1995 were dismissed as abated.
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 MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 SA.No. 586 of 1995() -------------------AS.5/1988 of SUB COURT, CHERTHALA OS.757/1983 of PRL.MUNSIFF COURT, CHERTHALA ....................
APPELLANTS/RESPONDENTS-DEFENDANTS:
BY ADV. SRI.S.SANTHOSH KUMAR
RESPONDENT/APPELLANT-PLAINTIFF: --------------------------------VAVA GOPALAN S/o. VAVA MOONAM VATHUKKAL VAYALAR MURI VAYALAR EAST VILLAGE ADV. SRI.P.R.VENKETESH GOVERNMENT PLEADER: SRI SURESH BABU
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P JOSEPH, J
S.A.No.586 of 1995
Dated this 07th day of September 2009
JUDGMENT
Learned counsel for appellants reports death of sole respondent. It is submitted that since the matter is settled outside court no legal representative has come forward to get impleaded and continue with the second appeal and that the period for impleadment has already expired. Hence, the appeal is dismissed as abated.
C.M.P.No.1516 of 1995 shall stand dismissed.
THOMAS P JOSEPH, JUDGE
Sbna/
1 issue framed by the court
Whether the second appeal abates due to death of sole respondent where legal representative was not impleaded within time.
Uggravruthan S/o. Vasu Puthuval Nikarthil
Karthayini Chandrika W/o. Uggravruthan Puthuval Nikarthil
Karthayini Geetha Puthuval Nikarthil
Kunjamma Karthayani Erakkariyil
Karthayini Ammini Parappel Nikarthil
Vava Gopan S/o. Vava Moonam
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
