This judgment dismisses a matrimonial appeal filed by an appellant reported shot dead, deeming the appeal abated due to the appellant's death and lack of impleaded legal heirs.
The appeal is dismissed as abated.
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 A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939
Mat.Appeal.No. 175 of 2008 ( ) -------------------------------
AGAINST THE JUDGMENT IN OP 349/2006 of FAMILY COURT, PALAKKAD DATED 23-10-2007
APPELLANTS/PETITIONERS::
C.M. SURESHKUMAR, S/O. C.C.MADHAVAN, CHATHAMKULATH, KONGAD AMSOM, DESOM,PALAKKAD TALUK.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN
RESPONDENT/RESPONDENT::
C. RUPITHA, D/O. GOKULDAS, "SREE RUPA", 5/118, CHANDRANAGAR, PALAKKAD TOWN,, PALAKKAD TALUK.
BY ADV. SRI.C.P.MOHAMMED NIAS BY ADV. SMT.P.K.SHAKKEELA
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 2308-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M.SHAFFIQUE, J &
P.SOMARAJAN, J
Mat.Appeal.No.175 of 2008
Dated this the 23rd day of August 2017
J U D G M E N T
Shaffique, J
Learned counsel for the appellant submits that they got an information from the Newspaper that the appellant had been shot dead.
This Mat.Appeal is dismissed as abated.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
(sd/-)
(P.SOMARAJAN, JUDGE)
jsr
2 issues framed by the court
Whether the matrimonial appeal can be decided when the appellant is reported dead and legal heirs were not impleaded.
Whether the present appeal is liable to be dismissed as it has abated.
C.M. Sureshkumar
C. Rupitha
A.M. Shauffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
