Subramanian v. N.v.Noorudeen
Case brief
What is this about?
The Kerala High Court held that an appeal was abated because both the appellant and the sole respondent were deceased, and attempts to serve notices had failed.
What did the court decide?
The appeal was abated and dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941
AS.No.280 OF 1999
AGAINST THE JUDGMENT IN OS 380/1989 DATED 09-11-1993 OF PRINCIPAL SUB COURT, PALAKKAD
APPELLANT/PLAINTIFF:
SUBRAMANIAN, S/O VELAYUDHAN, KATTIKKOVIL, PULLATHARA DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT
BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.RENJITH THAMPAN (SR.) SRI.SREEDHAR RAVINDRAN
RESPONDENT/DEFENDANT:
N.V.NOORUDEEN, S/O.VELLACHA RAWTHER, NANDAN KAZHAYA, MUTHALAMADA AMSOM, CHITTUR TALUK, PALAKKAD DISTRICT
Issues for consideration
2 issues framed by the court
Whether the appeal can be adjudicated when no respondent is physically present before the court.
Whether the dismissal of served notices due to death of the addressee justifies abatement.
Parties & counsel
- appellant
SUBRAMANIAN, S/O VELAYUDHAN
- respondent
N.V.NOORUDEEN
Coram
MARY JOSEPH
Case details
As recorded by the court registry
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