The court held that since the sole respondent had died and no steps were taken to implead legal representatives, the appeal was liable to abate. The appeal was accordingly dismissed.
The appeal is dismissed as abated.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941
RSA.No.8 of 2006
AGAINST THE JUDGMENT & DECREE DATED 18-11-2004 IN AS 36/1996 OF PRINCIPAL SUB COURT,TRIVANDRUM
AGAINST THE JUDGMENT & DECREE DATED 26-08-1993 IN OS 1921/1989 OF PRINCIPAL MUNSIFF COURT ,TRIVANDRUM
APPELLANT/APPELLANT/DEFENDANT:
MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION, LTD., TRIVANDRUM.
BY ADVS. SRI.M.A.MANHU SRI.R.T.PRADEEP
RESPONDENT/RESPONDENT/PLAINTIFF:
K.K.GOPALAN (DIED) MANAGING DIRECTOR, VAVA DRUGS AND PHARMACEUTICALS (P) LTD.T.C.30/195, NALANDA, PETTA, TRIVANDRUM.
BY ADV. SRI.R.S.KALKURA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.8 of 2006 2
JUDGMENT
The sole respondent passed away and it was reported to this court as early as on 20.12.2014. So far no steps were taken to implead the legal representatives of sole respondent. Hence, appeal stood as abated.
This appeal is dismissed as abated.
P.SOMARAJAN, JUDGE
// TRUE COPY // PA TO JUDGE
pm
1 issue framed by the court
Whether the appeal should be allowed considering the respondent had passed away without impleading legal representatives.
MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION, LTD., TRIVANDRUM.
K.K.GOPALAN (DIED) MANAGING DIRECTOR, VAVA DRUGS AND PHARMACEUTICALS (P) LTD.
P. SOMARAJAN
As recorded by the court registry
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