The Regular Second Appeal was dismissed because the sole appellant no longer existed and the suit, filed in 1994, lacked steps to implead legal heirs, leading to a finding of non-prosecution.
The Regular Second Appeal was dismissed for non-prosecution due to the death of the sole appellant and failure to implead legal heirs.
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 K.HARILAL
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
RSA.No. 1032 of 2003 (F)
AGAINST THE JUDGMENT & DECREE DATED 31-01-2003 IN AS 47/1996 of SUB COURT, PAYYANNUR
AGAINST THE JUDGMENT & DECREE DATED 24-04-1995 IN OS 117/1994 of MUNSIFF COURT, THALIPARAMBA
APPELLANT(S)/APPELLANTS/DEFENDANTS 1 & 2:
1. KUNNOTH KUNHIRAMAN NAIR, S/O.RAMAN NAIR, 72 YEARS, RETD. VILLAGEMAN, PAYYAVOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
2. VALIPLAKKAL THOMAS, AGED 53 YEARS, S/O.LUKKA, AGRICULTURIST, PAYYAVOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADV. SRI.M.SASINDRAN
RESPONDENT(S)/RESPONDENTS/PLAINTIFFS AND DEFENDANT NO.3:
1. KALLUPARAYIL DEVASSIA, S/O.CHACKO, AGED 71 YEARS, PAYYAVOOR AMSOM DESOM, TALIPARAMBA, KANNUR DISTRICT.
2. VALIPLAKKAL JOSE, AGED 58 YEARS, S/O.LUKKA, PAYYAVOOR AMSOM DESOM, TALIPARAMBA, KANNUR DISTRICT.
R1 BY ADV. SRI.M.VIJAYAKUMAR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OKB
K.HARILAL, J.
R.S.A. No.1032 of 2003
Dated this the 4th day of November, 2016
JUDGMENT
~ ~ ~ ~ ~
It is reported that the sole appellant is no
more. The suit is of the year 1994 and no steps have been taken to implead the legal heirs so far. It could be reasonably presumed that the legal heirs are not interested to prosecute the matter. Consequently, this Regular Second Appeal will stand dismissed for non prosecution.
Sd/K.HARILAL, Judge.
okb
1 issue framed by the court
Whether the Regular Second Appeal was maintainable in the absence of impleaded legal heirs.
KUNNOTH KUNHIRAMAN NAIR
VALIPLAKKAL THOMAS
KALLUPARAYIL DEVASSIA
VALIPLAKKAL JOSE
K. HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
