Balan v. Raveendran
Case brief
What is this about?
The High Court of Kerala held that the regular second appeal abated as the sole respondent was reported dead in 2010, with no steps taken to implead the legal heirs over a period of more than eight years.
What did the court decide?
The appeal was dismissed due to abatement without impleading the legal heirs of the deceased respondent.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940
RSA.No. 901 of 2004(G)
AGAINST THE JUDGMENT AND DECREE DATED 09-02-2004 IN A.S NOS. 401/2001 of DISTRICT COURT,THRISSUR
AGAINST THE JUDGMENT AND DECREE DATED 25/8/2001 IN O.S.NOS. 44/1997 of MUNSIFF COURT,CHAVAKKAD
APPELLANT/APPELLANT/PLAINTIFF:
BALAN, S/O ITHIKKATTIL SANKURU, THRITHALLOOR DESOM, VADANAPPILLY AMSOM, CHAVAKKAD TALUK.
BY ADV. SRI.M.K.ABOOBACKER
RESPONDENT/RESPONDENT/DEFENDANT:
Issues for consideration
1 issue framed by the court
Whether the regular second ap peal stands abated due to the death of the respondent without impleading his legal heirs.
Parties & counsel
- appellant
Balan, S/O Ithikkattil Sankuru
- respondent
Raveendran, S/O Thottaparambath Raghavan
Coram
P. Somarajan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court