The High Court of Kerala dismissed the second appeal (SA No. 486 of 1998) because no steps were taken to implead the legal representatives of the deceased appellant. The court held that the appeal had abated.
The second appeal is 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 P.BHAVADASAN
MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933
SA.No. 486 of 1998(G)
------------------------------AS.NO. 51/1997 of DISTRICT & SESSIONS COURT,THODUPUZHA OS.NO. 281/1994 of MUNSIFF MAGISTRATE COURT,THODUPUZHA
APPELLANT/ APPELLANT/ DEFENDANT
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AUGUSTHY, S/O. MATHEW, NADUMPARAMBIL, AGED 47 YEARS, KOLLAMMATTEL HOUSE, PALLICKAMURI KARA, KARIMANNOOR VILLAGE, REPRESENTED BY POWER OF ATTORNEY HOLDER MATHEW MATHEW, KOLLAMMATTEL HOUSE, PALLICKAMURI KARA, KARIMANNOOR.
BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY
RESPONDENT(S)/ RESPONDENTS/ PLAINTIFFS
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1. K.PARAMESWARA IYER, S/O.KRISHNA SWAMY IYER,
2. KANAKALATHA, W/O. PARAMESWARA IYER, -DO- -DO-
3. MARRY, W/O. AUGUSTHY, KANNAMKULATH VELLAMTHANAM KARA,
R1 & R2 BY ADV. SRI.K.S.DILEEP R3 BY ADV. SRI.K.K.CHANDRAN PILLAI
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
S.A.NO.486/1998
ORDER ON CMP.NO.1333/1998 IN S.A.NO.486/1998
DISMISSED
23/05/2011 SD/- P.BHAVADASAN, JUDGE
/TRUE COPY/
P.S.TO.JUDGE
sts
P. BHAVADASAN, J.
JUDGMENT
No steps are taken to implead the legal representatives of the deceased appellant. Hence the
appeal is dismissed as abated.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether the appeal should be heard ex parte or dismissed due to non-impleadment of the appellant's legal representatives.
AUGUSTHY, S/O. MATHEW
K.PARAMESWARA IYER
KANAKALATHA
MARRY
P. BHAVADASAN, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
