single-judge high court at ernakulam held that an appeal stands abated where the sole appellant died and no steps were taken to implead legal heirs, dismissing the appeal accordingly.
the appeal was dismissed as abated
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
TUESDAY ,THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940
RSA.No. 193 of 2010
AGAINST THE JUDGMENT AND DECREE IN AS 121/2007 OF THE ADDITIONAL SUB COURT- I, KOZHIKODE DATED 05-12-2009
AGAINST THE JUDGMENT AND DECREE IN OS 372/2003 of ADDITIONAL MUNSIFF COURT II ,KOZHIKODE DATED 10-04-2007
APPELLANT/RESPONDENT/PLAINTIFF:
PARTHAYIL RAMAN NAIR, AGED 87 YEARS S/O.KORU NAIR, RESIDING AT PARTHAYIL HOUSE,, THAZHEKOD AMSOM DESOM, KOZHIKODE TALUK,, KOZHIKODE DISTRICT. (DIED)
BY ADVS.
SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR
RESPONDENT/APPELLANT/DEFENANT:
MUKKAM GRAMA PANCHAYATH BY SPECIAL GRADE SECRETARY, THAZHEKOD AMSOM DESOM,, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BY ADVS.
SRI.K.B.ARUNKUMAR SRI.P.J.MATHEW
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.193/2010
2
JUDGMENT
The sole appellant died on 14.03.2014. No steps were taken to implead the legal heirs. The appeal stood as abated. Hence the
appeal is dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
sv
1 issue framed by the court
Whether an appeal stands dismissed when the sole appellant has died and legal heirs were not impleaded.
PARTHAYIL RAMAN NAIR
MUKKAM GRAMA PANCHAYATH
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
