The Kerala High Court dismissed a land acquisition appeal dated 28-10-2013, holding that it abated. The appellant had died before proceedings continued in 2009, and no legal heirs sought to be impleaded within seven months, causing the suit to fail.
The appeal was dismissed as abated due to the appellant's death and failure of legal heirs to seek impleadment.
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 S.SIRI JAGAN &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 28TH DAY OF OCTOBER 2013/6TH KARTHIKA, 1935
LA.App..No. 21 of 2006 ( )
LAR.NO. 52/1998 OF SUB COURT, KOZHIKODE
APPELLANT/CLAIMANT:
M.CHANDRAN, VALIYA VAYAL, KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S)/RESPONDENTS:
1. THE SPECIAL TAHSILDAR L.A., NH NO.1, KOZHIKODE.
2. EXECUTIVE ENGINEER,
R1 & R2 BY GOVERNMENT PLEADER SMT. P.A.RAZIYA
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
LAA.NO.21/2006
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX A COPY OF THE JUDGMENT IN LAR.NO.47/98 OF THE SUBORDINATE JUDGE, KOZHIKODE, DATED 22/12/2000
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
==================
L.A.A.No. 21 of 2006
==================
Dated this the 28th day of October, 2013 J U D G M E N T
S.Siri Jagan, J.:
In this appeal, this Court passed the following order on 26.3.2013:
“The learned counsel for the appellant submits that the appellant had died even before R.P.No.455/2009 in this appeal was allowed and therefore the counsel for the appellant seeks time to ascertain whether the legal heirs of the appellant want to take further steps in this appeal.
Post after two weeks.”
Even after seven months, none of the legal heirs have chosen to file application to get themselves impleaded in the appeal as additional appellants. In the above circumstances, this appeal is dismissed as abated.
Sd/-
S.SIRI JAGAN, JUDGE
Sd/-
sdk+
K.RAMAKRISHNAN, JUDGE
///True copy///
P.A. to Judge
1 issue framed by the court
Whether the appeal abates in the absence of legal heirs pursuing the suit after the appellant's death.
M.CHANDRAN
THE SPECIAL TAHSILDAR L.A., NH NO.1, KOZHIKODE
EXECUTIVE ENGINEER N.H.DIVISION, KOZHIKODE
S.SIRI JAGAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
