This court dismissed an appeal in a partition suit as abated due to the death of the appellant. The court also dismissed a cross objection for non-prosecution, noting the lack of steps taken by the objecting party.
Appeal dismissed as abated; cross objection dismissed for non-prosecution.
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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937
AS.No. 277 of 1996 ( )
AGAINST THE ORDER/JUDGMENT IN OS 127/1992 of SUB COURT, QUILANDY DATED 28-07-1995
APPELLANT(S)/PLAINTIFF:
CHERINTAVIDA PARKKUM THIRIKKOTH KUNHI KRISHNAN NAIR, S/O.NARAYANAN NAIR, MOODADI AMSOM, MUCHUKUNNU DESOM, QUILANDY TALUK, KOZHIKODE DISTRICT. (DIED)
BY ADVS.SRI.P.G.RAJAGOPALAN
SRI.M.GOPIKRISHNAN NAMBIAR
RESPONDENT(S)/DEFENDANTS 2 TO 7:
R-R2-R5 BY ADV. SRI.R.PARTHASARATHY
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 18-03-2016, ALONG WITH CROSS OBJECTION, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A. HARIPRASAD, JJ. ----------------------------------A.S.No.277 of 1996 & Cross Objection ----------------------------------Dated this the 18th day of March, 2016
JUDGMENT
Hariprasad, J.
AS.277/96
2
reference has become redundant and one of purely academic interest.
Appeal is dismissed as abated and the cross objection is dismissed for non-prosecution.
Sd/ANTONY DOMINIC, Judge.
Sd/A. HARIPRASAD, Judge.
kkb.
/True copy/
PS to Judge
AS.277/96
3
ANTONY DOMINIC, A. HARIPRASAD, JJ.
A.S.NO.277/96
JUDGMENT
18.03.2016
2 issues framed by the court
Whether an appeal by a deceased appellant stands abated.
Whether a cross objection lapses for non-prosecution when no steps were taken.
Colour shows how this judgement treated each authority
Kalliani Amma v. DeviDistinguished¶2
Kalliani Amma v. Devi [1989 (2) KLT 80]
Kalliani Amma v. K.DeviApplied¶2
Kalliani Amma v. K.Devi [1996 (2) KLT 42]
CHERINTAVIDA PARKKUM THIRIKKOTH KUNHI KRISHNAN NAIR
A.C. GANGADHARA MENON
KRISHNANKUTTY ALIAS BABY MENON
A.C. RADHA AMMA
VENU MENON
PUTHAMPURAYIL PARKKUM ALLAM PUTHARE GOVINDANKUTTY MENON
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
