Allowed

Thekkedath Thekke Veetetil Narayana v. K.P.Kalliyani Amma

Kerala HC13 Aug 2019FAO/282/2010

Case brief

AI extract

What is this about?

The High Court, Ernakulam held that an appeal abated because the impugned judgment was pronounced beyond the 60-day period specified in Order XX Rule 1 CPC after final hearing, particularly since the respondent died after hearing. The court declared the judgment null and void.

What did the court decide?

The judgment dated 07/04/2010 of the Sub Court, Payyannur is set aside. The appellate court is directed to implead the legal heirs of the deceased sole respondent and re-hear the appeal along with I.A

Thekkedath Thekke Veetetil Narayana Vs… — Civil Procedure and Limitation | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941

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FAO.No.282 OF 2010

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AGAINST THE JUDGMENT AND DECREE IN AS 85/2002 DATED 07-04-2010 OF SUB COURT, PAYYANNUR

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AGAINST THE JUDGMENT AND DECREE IN OS 245/2000 DATED 31-08-2002 OF MUNSIFF COURT, PAYYANNUR

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APPELLANT/ RESPONDENT/ DEFENDANT:

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1 THEKKEDATH THEKKE VEETTIL NARAYANA PODUVAL (DIED).

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2 PROPOSED ADDL. APPELLANTS:

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AYIKKOMATH PADMAVATHI, W/O.LATE, THEKKEDATH NARAYANA PODUVAL,, NEAR KANKOL SIVA TEMPLE, P.O.KANKOL,, KANNUR DIST.

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3 SHYLAJA.I, D/O.LATE THEKKEDATH NARAYANA PODUVAL, NEAR KANKOL SIVA TEMPLE, P.O.KANKOL,, KANNUR DIST.

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4 PRAJESH.I S/O.LATE THEKKEDATH NARAYANA PODUVAL,, NEAR KANKOL SIVA TEMPLE, P.O.KANKOL,, KANNUR DIST.

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PROPOSED ADDL.APPELLANTS SHOWN IN THE CAUSE-TITLE ARE IMPLEADED AS ADDITIONAL APPELLANTS VIDE ORDER DATED 3/12/2010 IN IA 3370/10 IN FAO 282/10.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENT/APPELLANT/ PLAINTIFF:

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1 K.P.KALLYANI AMMA (LEGAL HEIR) W/O.P.V.MADHAVAN MASTER, KANKOLE AMSOM AND DESOM, TALIPARAMBA TALUK, KANNUR DIST-670 337

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1.1 VANAJA K.P., W/O. THAMBAN MASTER, NEAR PANAYAKATT BHAGAVATHI KSHETHRAM,KUNDAYAMKOVVAL, P.O.KANKOL,PAYYANNUR,KANNUR DISTRICT-670 001.

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FAO.No.282 OF 2010

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1.2 DAMODARAN K.P., MAYURA NIRTHA VIDHAYALAM, TRIKKUMARAKUDAM ROAD,AYYANTHOL, CHUNGAM,THRISSUR DISTRICT-680 001.

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1.3 REVATHI K.P., W/O.T.K.BALAGOPALA PODUVAL, 'SREEPURAM',NEAR SIVA TEMPLE, KANKOL P.O.,PAYYANNUR,KANNUR DISTRICT-670 001.

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1.4 KANTHIMATHI K.P., W/O.T.P.DAMODARAN MASTER, NEAR VILLAGE OFFICE,KORAM, PAYYANNUR,KANNUR DISTRICT-670 001.

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1.5 VASUDEVAN K.P., BRANCH MANAGER, SOUTH MALABAR GRAMEEN BANK, NARIKKUNI BRANCH,KOZHIKODE-673 001.

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ADDL.R 1.1 TO R 1.5 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT, AS PER ORDER DATED 05.08.2019 IN I.A.NO.1457/2013.

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BY ADVS. SRI.MAHESH V RAMAKRISHNAN SRI.N.N.SUGUNAPALAN (SR.)

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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FAO.No.282 OF 2010

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JUDGMENT

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Proviso to Rule 1 of Order XX of the Code of Civil Procedure stipulates that, judgment shall be pronounced within 60 days from the date of final hearing.

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In the case at hand, admittedly the appeal was heard finally on 05/08/2009 and the judgment was pronounced only on 07/04/2010; that is beyond the period of 60 days as mandated under the proviso aforementioned. In the meanwhile, the sole respondent in the appeal, who is the defendant in the suit, passed away. The impugned judgment has been passed without notice to his legal heirs and impleading them. Rule 6 of Order XXII which provides that there is no abatement in case of death after final hearing, cannot come to the rescue since the judgment is not passed within the period stipulated. The appeal had abated. Needless to say that the impugned judgment is a nullity. In view thereof, the legal heirs of the deceased sole respondent are to be impleaded before the first appellate court and

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FAO.No.282 OF 2010

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the appeal has to be re-heard and disposed of on its merits.

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In the result, the judgment dated 07/04/2010 of the Sub Court, Payyannur is set aside. The appellate court shall afford opportunity to the appellants to have the legal heirs of the deceased sole respondent brought on record and the appeal shall be re-heard along with I.A.No.339/2018 and disposed of afresh. Appeal is allowed as above.

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Parties to appear before the lower appellate court on 02/09/2019.

Sd/-

SATHISH NINAN

JUDGE

rsr

Thekkedath Thekke Veetetil Narayana v. K.P.Kalliyani Amma

Case brief

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Thekkedath Thekke Veetetil Narayana v. K.P.Kalliyani Amma

Case brief

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