Thankappan v. Mary
Case brief
What is this about?
Second appeal filed under RSA No.1104 of 2004 against lower court decrees was dismissed as abated, since the sole appellant died in June 2012 without impleading heirs or filing an application.
What did the court decide?
Appeal dismissed as abated; no order as to costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY,THE 27TH DAY OF NOVEMBER,2018/6TH AGRAHAYANA, 1940
RSA.No.1104 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 11.3.2004 IN A.S.NO.13/2002 OF THE ADDITIONAL SUB COURT, KOCHI
AGAINST THE JUDGMENT AND DECREE DATED 5.11.2001 IN OS NO.175 OF 2000 OF THE PRINCIPAL MUNSIFF'S COURT, KOCHI
APPELLANT/APPELLANT/DEFENDANT:
THANKAPPAN S/O.KOCHUKUTTY, MURIKATHARA HOUSE, EDAVANAKADU P.O.
BY ADVS. SRI.T.A.SHAJI (SR.) SRI.M.A.ASIF
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
Issues for consideration
1 issue framed by the court
Whether the second appeal stands abated due to the death of the sole appellant without impleadment of heirs.
Parties & counsel
- appellant
THANKAPPAN S/O.KOCHUKUTTY
- respondent
MARY W/O.LATE RAPHELKUTTY
- respondent
BABY D/O.LATE RAPHELKUTTY
Coram
Case details
As recorded by the court registry
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