The High Court of Kerala dismissed an appeal as infructuous because the appellant had died and the legal heirs expressed no interest in continuing the prosecution of the appeal. The original suit was against revenue recovery proceedings.
The appeal was dismissed as infructuous.
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.
N THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
RSA.No. 144 of 2005 (A)
AGAINST THE JUDGMENT IN AS 50/2003 of PRL.S.C., THALASSERY, DATED 15.06.2004
AGAINST THE JUDGMENT IN OS 15/1998 of MUNSIFF COURT, THALASSERY, DATED 27.01.2003
APPELLANT/APPELLANT/PLAINTIFF : -
KUNIKATTIL GOPALAN, S/O. ANDI, AGED 76 YEARS, NO OCCUPATION, RESIDING AT ARANGATTIL PARAMBATH HOUSE, P.O.PARAL, KODIYERI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT.
BY ADVS.SRI.R.SURENDRAN
SMT.P.GOPIKA
RESPONDENTS/RESPONDENTS/DEFENDANTS: -
R1, 2, 3 BY GOVERNMENT PLEADER SRI. K.M. HASHIR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
P. SOMARAJAN, J.
R.S.A. No. 144 of 2005
Dated this the 05th day of July, 2018
JUDGMENT
When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that the appellant is no more. It is also submitted that the legal heirs are not interested in prosecuting the appeal. The original suit was filed against revenue recovery proceedings, in which the defaulter is none else, the son of the appellant herein. Now, on the death of the appellant, the son became the legal heir. So, the matter became infructuous and the same is dismissed as infructuous.
Sd/-
P. SOMARAJAN, JUDGE
DMR/-
1 issue framed by the court
Whether the appeal should be dismissed as infructuous since the legal heirs are not interested in prosecuting it.
KUNIKATTIL GOPALAN
VILLAGE OFFICER, KODIYERI
TAHSILDAR, REVENUE RECOVERY
STATE OF KERALA
A.P. PANKAJAKSHAN
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
