The appellant in two regular second appeals was no more. The Court dismissed the appeals as abated for failure to implead legal heirs, despite the filing of a memo by respondent's counsel.
Discussing the abatement of appeals due to the death of the appellant and failure to implead legal heirs.
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 P.BHAVADASAN
WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932
RSA.No. 1234 of 2004(E)
----------------------------------AS.293/2002 of DISTRICT COURT,TRIVANDRUM OS.42/1999 of I ADDL. MUNSIFF COURT, TRIVANDRUM
APPELLANT (APPELLANT IN THE A.S. AND DEFENDANT IN THE O.S.)
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KESAVAN NAIR, S/O.VELAYUDHAN PILLAI, LEKSHMIVILASOM, PINAKKODUKONAM, PEROOR MURI, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM TALUK.
BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.A.S.SABU.
RESPONDENTS (RESPONDENTS IN THE A.S. AND PLAINTIFFS IN THE O.S.):
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1. SISUPALAN NAIR, S/O.KESAVAN NAIR, ASWATHI BHAVAN, MARUPPANCODU, ANDOORKONAM P.O., THIRUVANANTHAPURAM.
2. HEMALATHA, D/O.KESAVAN NAIR, S.K.NILAYAM, KONCHIRAVILA MANACAUD VILLAGE, THIRUVANANTHAPURAM.
R1 & R2 BY ADV. SRI.R.S.KALKURA.
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010,ALONG WITH RSA NO. 1245 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
RSA.No. 1234 of 2004(E)
ORDER ON I.A. NO.2289/2004 IN R.S.A. NO.1234/2004
DISMISSED
21/07/2010.
SD/- P.BHAVADASAN, JUDGE
//TRUE COPY//
P.S. TO JUDGE
rs.
P.BHAVADASAN, J.
--------------------------------------------RSA Nos.1234 & 1245 of 2004
--------------------------------------------Dated 21st July 2010
Judgment
The learned counsel appearing for the respondents in these appeals has filed a memo dated 03.01.2010, pointing out that the appellant is no more and the appeals stand abated. In spite of the memo filed, no steps have been taken by the counsel for the deceased appellant to implead the legal heirs of the appellant. Accordingly, these appeals are dismissed as abated.
P.BHAVADASAN, JUDGE
sta
2
Kesavan Nair
Sisupalan Nair
Hemalatha
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
