COURT OF KERALA AT ERNAKULAM PRESENT: THE…
This Regular Second Appeal is dismissed as abated due to the death of the sole respondent without the appellant impleading legal heirs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 31ST DAY OF JULY 2013/9TH SRAVANA, 1935
RSA.No. 174 of 2009 ( )
----------------------------AGAINST THE JUDGMENT IN AS 41/2007 of SUB COURT, NEDUMANGAD DATED 20-09-2008
AGAINST THE JUDGMENT IN OS 753/2005 of PRL.MUNSIFF COURT,NEDUMANGAD DATED 21-12-2006
APPELLANT(S):
JOSEPH MATHAI @ RAJU, THIRUTHI MEPPURATH VEEDU, KEEZHEKALLAYAM, PURAVOORKONAM MURI VATTAPPARA VILLAGE, NEDUMANGAD TALUK.
BY ADVS.SRI.V.SURESH
SRI.G.SUDHEER
RESPONDENT(S):
SIMON , SON OF ITTIAVIRAH, (DIED RECORDED) AYYAMPALACHAL, NEWVILLA, T.C.2310 (1) CHALAKUZHI ROAD, MADTHUVILAKOM MURI, PATTOM VILLAGE TIRUVANANTHAPURAM TALUK DO. DISTRICT.
(IT IS RECORDED THAT THE SOLE RESPONDENT DIED ON 11/7/2010, AS PER THE JUDGMENT DATED 31/7/2013 IN RSA (VIDE MEMO BEARING CF NO.5367/10)
R1 BY ADV. SRI.THOMAS M.JACOB R1 BY ADV. SRI.G.RAJAGOPAL R1 BY ADV. SRI.R.AJAYA KUMAR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 31-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==========================
R.S.A. No. 174 of 2009
===================================
Dated this the 31st day of July, 2013
JUDGMENT
A memo was filed by the learned counsel for the respondent on 30.8.2010 stating that the sole respondent expired on 11.7.2010. The memo is recorded. Appellants took no steps to implead the legal heirs of the deceased respondent.
Hence, this R.S.A is dismissed as abated.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
//True copy //
PA to Judge
JOSEPH MATHAI @ RAJU
SIMON
N.K.BALAKRISHNAN
As recorded by the court registry
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