The High Court of Kerala dismissed an appeal for non-prosecution. The appellant failed to implead the legal heirs of a deceased first respondent despite being directed to do so in an earlier order, resulting in the defect not being cured within the granted time.
The appeal is 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
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
A.S.No. 501 of 2000
AGAINST THE JUDGMENT IN OS 4/1998 of SUB COURT, PAYYANNUR DATED 29-02-2000
APPELLANT/PLAINTIFF:
E.P.PRIYA, D/O KOUSALLYA SUDENT, RESIDING AT EDAKKAD AMSOM THOTTADA DESOM KANNUR TALUK
BY ADVS.SRI.K.P.SUDHEER
SRI.SUMODH MADHAVAN NAIR
RESPONDENTS:
(DIED)
(Death of R1 is recorded vide order dated 6.10.15 in memo dated 22.9.2015 with c.f.no.5726/15)
A.S.No. 501 of 2000
:: 2 ::
R,R4 TO R10 BY ADV. SMT.S.ANITHA R,R3 BY ADV. SRI.GRASHIOUS KURIAKOSE R,R2 BY ADV. SRI.O.RAMACHANDRAN NAMBIAR R,R2 BY ADV. SRI.PULIKKOOL ABUBACKER
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 03-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
JUDGMENT
3RD MARCH 2016
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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A.S.No.501 of 2000
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Dated this the 3rd day of March, 2016
JUDGMENT
Antony Dominic, J.
In this appeal filed in the year 2000, death of the 1st respondent was reported on 22.9.2015. On 6.10.2015, the case was adjourned with an order directing the appellant to implead the legal heirs of respondent No.1 On 19.2.2016, when the case came up in the defect list one week time was
again granted to cure the defect. Today also, no steps have been taken to cure the defect. Under such circumstances, the appeal is dismissed for non-prosecution.
Sd/- ANTONY DOMINIC JUDGE
Sd/-
A.HARIPRASAD
JUDGE
jes
1 issue framed by the court
Whether an appeal can be sustained when the appellant fails to implead legal heirs of a deceased party after being directed to do so by the court.
E.P.PRIYA
MUTTUKKARAN USMAN
ABDUL RAHMAN
PARAPPURATHKUNIYIL RAGHAVAN
NALAKANDY KOUSALLYA
E.P.PHALGUNAN
ANTONY DOMINIC
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
