A.K. Rajan v. Kallyani
Case brief
What is this about?
The Kerala High Court held that a judgment passed after the death of the sole appellant is a nullity. Consequently, the impugned judgment was recalled and set aside, and the review petition was allowed with the appeal posted for hearing.
What did the court decide?
Recalled and set aside the impugned judgment; allowed the review petition and posted the appeal for hearing.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938
RP.No. 860 of 2016 () IN SA.766/1999
AGAINST THE JUDGMENT DATED 24-02-2009 IN SA 766/1999 AS 248/1996 OF DISTRICT COURT, THRISSUR OS 546/1990 OF II ADDL. SUB COURT, THRISSUR
REVIEW PETITIONER(S)/LEGAL HEIRS OF APPELLANT/NOT PARTIES TO THE APPEAL:
- A.K. RAJAN, S/O.KUMARAN AIDYATH HOUSE, ENAMMAKKAL PO THRISSUR
- A.K.MANI, S/O.KUMARAN AIDYATH HOUSE, ENAMMAKKAL PO THRISSUR
- A.K.UNNICHEKKAN, S/O.KUMARAN AIDYATH HOUSE, ENAMMAKKAL PO THRISSUR
- A.K.SANTHA, S/O.KUMARAN AIDYATH HOUSE, ENAMMAKKAL PO THRISSUR
- A.K.SUKUMARAN, S/O.KUMARAN AIDYATH HOUSE, ENAMMAKKAL PO THRISSUR
Issues for consideration
2 issues framed by the court
Whether an impugned judgment passed after the death of the sole appellant is a nullity and needs to be recalled.
Whether the review petition should be allowed given the death of the appellant prior to the judgment.
Parties & counsel
- petitioner
A.K. RAJAN
- petitioner
A.K.MANI
- respondent
KALLYANI
Coram
Case details
As recorded by the court registry
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