Paru v. Velayudhan
Case brief
What is this about?
The High Court of Kerala dismissed a regular second appeal as abated, noting the sole respondent died in 2004 without impleadment of legal heirs. An application to amend the cause title was rejected for same reason.
What did the court decide?
Issue Number 1842 of 2018 dismissed; Appeal dismissed as abated.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
RSA.No. 140 of 2006(G)
AGAINST THE JUDGMENT & DECREE DATED 25-10-2003 IN AS 372/2001 OF ADDITIONAL DISTRICT COURT, THRISSUR
AGAINST THE JUDGMENT & DECREE DATED 25-08-2001 IN OS 840/1995 OF II ADDITIONAL SUB COURT,THRISSUR
APPELLANT/RESPONDENT/PLAINTIFF:
PARU, D/O.KARUVAN PARAMBIL KARIYAN, PAZHUNNANA DESOM, CHEMMATHATTA VILLAGE,, THALAPPILLY TALUK.
BY ADVS.
SRI.R.RAJESH KORMATH SMT.MEENA.A. SMT.M.R.MINI SMT.PREETHY KARUNAKARAN SMT.SANJANA R.NAIR SRI.V.S.ROBIN
Issues for consideration
2 issues framed by the court
Whether the appeal can be proceeded with after the sole respondent died without impleadment of legal heirs.
Whether Issue for No. 1842 of 2018 amendment to add legal heirs can be entertained without prayer for abatement set aside.
Parties & counsel
- appellant
Paru
- respondent
Velayudhan (deceased)
Coram
Psomarajan
Case details
As recorded by the court registry
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