Dismissed
Varkey v. State of Kerala
Kerala HCRSA/592/2005
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
RSA.No. 592 of 2005 (D)
AGAINST THE JUDGMENT AND DECREE DATED 16.09.2004 IN AS No. 104/2002 of IIIRD ADDITIONAL DISTRICT COURT (ADHOC), FAST TRACK COURT No.1, THRISSUR
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2001 IN OS No.309/1999 of MUNSIFF COURT, WADAKKANCHERRY
APPELLANT:1st RESPONDENT/1 st PLAINTIFF:
VARKEY, CHOONDAL, CHOONDAL VILLAGE, DESOM, THALAPPALLY TALUK. (DIED)
ADDL. CLARA VARKEY, APPELLANT CHOONDAL HOUSE, CHOONDAL VILLAGE, THALAPPALLY, THRISSUR.
(ADDL. APPELLANT IMPLEADED AS THE LEGAL HEIR OF DECEASED SOLE APPELLANT AS PER ORDER DATED 02.08.2006 IN I.A.No.1573/06 IN R.S.A.)
BY ADV. SRI.G.UNNIKRISHNAN
RESPONDENTS:APPELLANTS & RESPONDENTS 2 TO 6/DEFENDANTS 1 TO 3, PLAINTIFFS 2 TO 4, DEFENDANTS 4,5:
1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR.
R.S.A.Nos.592 & 487/2005
2
3 RANGE SURVEY SUPERINTENDENT, WADAKKANCHERRY.
6 SIJI -DO- -DO-.
8 P.K. SHAJI, S/o KARUVAN KRISHNAN, MODERN AUTOMOBILES, P.O. CHOONDAL, THRISSUR.
R7 & R8 BY ADV.SRI.K.A.SATHEESA BABU R1 TO R3 BY GOVERNMENT PLEADER SRI. K.P. MADHU
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH RSA No.487/2005. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940
RSA.No. 487 of 2005 (G)
AGAINST THE JUDGMENT AND DECREE DATED 16.9.2004 IN AS No.88/2002 of IIIRD ADDITIONAL DISTRICT COURT (ADHOC) FAST TRACK COURT No.1, THRISSUR
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2001 IN OS No.309/1999 of MUNSIFF COURT, WADAKKANCHERRY
APPELLANT/1ST RESPONDENT/1ST PLAINTIFF:
1 VARKEY, CHOONDAL HOUSE, CHOONDAL VILLAGE, DESOM, THALAPPILLY TALUK. (DIED LRS IMPLEADED)
THE LEGAL REPRESENTATIVE OF DECEASED SOLE APPELLANT
ADDL.2ND CLARA VARKEY, CHOONDAL HOUSE, APPELLANT CHOONDAL VILLAGE, THALAPPALLY TALUK.
(THE LEGAL REPRESENTATIVE OF DECEASED SOLE APPELLANT IS IMPLEADED AS ADDITIONAL 2nd APPELLANT AS PER ORDER DATED 02.08.2006 IN I.A.No.1623/06).
BY ADV. SRI.G.UNNIKRISHNAN
RESPONDENTS/APPELLANTS & RESPONDENTS 2 TO 7/PLAINTIFFS 2 TO 4 &
DEFENDANTS 1 TO 5:
1 THOMAS, CHOONDAL, CHOONDAL P.O., VIA KUNNAMKULAM, THRISSUR.
2 P.K.SHAJI, S/o KARUVAN KRISHNAN, MODERN AUTOMOBILES, PURANATTUKARA VILLAGE, DESOM, THRISSUR.
3 ROSSY, CHOONDAL, CHOONDAL P.O., VIA KUNNAMKULAM,THRISSUR.
R.S.A.Nos.592 & 487/2005
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R1 & R2 BY ADV.SRI.K.A.SATHEESA BABU R6 TO R8 BY GOVERNMENT PLEADER SRI. K.P. MADHU
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.11.2018, ALONG WITH RSA No.592/2005. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A.Nos.592 & 487/2005
5
JUDGMENT
When the matters were taken up for hearing, the learned counsel for the appellant fairly submitted that the additional second appellant (sole appellant) passed away five years back. No steps so far taken to implead the legal heirs of the deceased appellant. Hence, both the appeals are dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
VARKEY
ADDL. CLARA VARKEY
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
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