The High Court of Kerala held that a second appeal abated because the respondents died before the hearing and no application was filed to implead their legal representatives.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941
RSA.No. 1201 of 2006
AGAINST THE JUDGMENT & DECREE IN AS 3/2003 of DISTRICT COURT, LAKSHADWEEP DATED 29-01-2005
AGAINST THE JUDGMENT & DECREE IN OS 1/1995 of MUNSIFF COURT, ANDROTH DATED 20-01-2002
APPELLANTS/APPELLANTS/2ND PLAINTIFF AND ADDITIONAL PLAINTIFF NOS.3 TO 5:
W/O.SHEKKRIYAMMADAKUDU KHALID, AGED 72 YEARS, MECHERY, ANDROTH ISLAND.
BY ADV. SRI.C.S.MANU AND S.K.PREMRAJ
RESPONDENTS/RESPONDENTS/DEFENDANTS:
2 SHEKKRIYAMMADA KUNHIKOYA, S/O.LATE KOYA, AGED 65 YEARS, RESIDING AT, MECHERY, ANDROTH ISLAND.
BY ADVS. SRI.P.N.SREENIVASAN SRI.P.RAMACHANDRAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 1201 of 2006 2
JUDGMENT
Both the respondents 1 and 2 passed away. No application filed to implead the legal representatives of respondents 1 and 2. Hence, appeal stood as abated.
This appeal is dismissed as abated.
Sd/
P.SOMARAJAN, JUDGE
pm
// TRUE COPY // PA TO JUDGE
1 issue framed by the court
Whether the second appeal proceeds when the respondents died without legal representatives being impleaded
BARIYAM THITHIYODU MAHAMOOD
NALAKAM AMINA UMMA
SHEKKIRIYAMMADAKUDU KIDAVE
SHEKKIRIYAMMADAKUDU MUTHUKOYA
SHEKKRIYAMMADA KOYAMMAKOYA
SHEKKRIYAMMADA KUNHIKOYA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
