In this second appeal regarding a partition suit, the High Court held that since the 5th respondent died while the matter was pending at the lower appellate court, legal heirs could only be impleaded by that court.
The judgment and decree of the lower Appellate Court are set aside and the matter is remanded to that court for disposal in accordance with law.
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 7TH JULY 2010 / 16TH ASHADHA 1932 RSA.No. 386 of 2007()
--------------------AS.45/1999 of PRL.SUB COURT,TRIVANDRUM OS.70/1996 of I ADDL.MUNSIFF'S COURT,TRIVANDRUM ....................
APPELLANTS/APPELLANTS/DEFENDANTS:
2. ABDUL VAHAB, S/O.AHAMMED PILLAI(DIED) AGED 65 YEARS, RESIDING AT THUNDAVILAKATHU VEEDU, ATTAKULANGARA MANACUAD, THIRUVANANTHAPURAM.
3. SALIM, S/O.SYED MOHAMMED, AGED 38 YEARS, THUNDUVILAKATHU VEEDU, ATTAKULANGARA, THIRUVANANTHAPURAM.
4. SAKIR HUSSAIN, AGED 34 YEARS, THUNDUVILAKATHU VEEDU, ATTAKULANGARA, MANACAUD, THIRUVANANTHAPURAM.
5. FATHIMA BEEVI, AGED 29 YEARS, THUNDUVILAKATHU VEEDU, ATTAKULANGARA, MANACAUD, THIRUVANANTHAPURAM.
6. FAZILA BEEVI, AGED 26 YEARS, THUNDUVILAKATHU VEEDU, ATTAKULANGARA, MANACAUD,THIRUVANANTHAPURAM.
7. FABEENA BEEVI, AGED 21 YEARS, THUNDUVILAKATHU VEEDU, ATTAKULANGARA, MANACAUD, THIRUVANANTHAPURAM. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW.
Kss
..2/-
..2...
RSA.NO.386/2007
RESPONDENT(S): RESPONDENTS/PLAINTIFFS:
----------------------------------------------------------------------
1. SHAUKKATHALI, AGED 54 YEARS, RAMLUTH MANZIL, PACHALLOOR, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM.
2. SYNUDDIN, AGED 50 YEARS, KAYYALATH PANAYIL VEEDU, T.C. 48/418, KALLATTUMUKKU, POONTHURA, MUTTATHARA VILLAGE,THIRUVANANTHAPURAM.
3. M.MAJEEDA BEEVI, KAYYALATH PANAYIL VEEDU, T.C.48/418, KALLATTUMUKKU, POONTHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.
4. MARIAM BEEVI, KAYYALATH PANAYIL VEEDU, TC 48/418, KALLATTUMUKKU, POONTHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.
5. M.MALUK MOHAMMED, THUNDUVILAKOM, PURAYIDOM, ATTAKULANGARA, MANACAUD VILLAGE, THIRUVANANTHAPURAM.
6. ABDUL RASHEED, S/O.MOHAMMED ALI, AGED 39 YEARS, T.C.39/2098, THUNDUVILAKATHU VEEDU, MANACAUD P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.SUMAN CHAKRAVARTHY, SRI.M.R.RAJESH.
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
P.BHAVADASAN, J.
------------------------------------RSA No.386 of 2007 ------------------------------------Dated 7th July 2010
Judgment
In a suit for partition as OS No.70/1996 a preliminary decree dated 06.04.1998 was passed.
RSA 386/07 2
was while the matter was pending before the lower Appellate Court. In view of the decision of this Court in Assyamma v. Aisabi (1976 KLT 101) impleading the legal heirs can be done only by that court before which the matter was pending at the time of death of the party.
P.BHAVADASAN, JUDGE
sta
RSA 386/07 3
RSA 386/07 4
1 issue framed by the court
Whether impleadment of legal heirs of a deceased 5th respondent can be done by the appellate court when the death occurred while the matter was pending before the lower appellate court
Colour shows how this judgement treated each authority
Assyamma v. AisabiReferred¶33
_Assyamma v. Aisabi_ (1976 KLT 101)
P.Nabeeesa Beevi
Abdul Vahab
Salim
Shaukkathali
Synuddin
PBhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
