This court dismissed RSA No. 334 of 2004 as abated against the sixth respondent (deceased) for non-impleadment, and as a default against other respondents. No substantive merits were addressed.
Appeal dismissed as abated against Respondent 6; dismissed as default against other respondents.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
RSA.No. 334 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 27-03-2003 IN AS 203/1997 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
AGAINST THE JUDGMENT AND IN OS 32/1991 of MUNSIFF COURT,KAYAMKULAM DATED 22-01-1997
APPELLANTS/APPELLANTS/PLAINTIFFS:
1 L.SARASWATHY KUNJAMMA,OUTHARA SARAIL, MANJADITHARA MURI, BHARANIKKAVU VILLAGE, (IST PLAINTIFF).
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.GEORGE T. THACHETT
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 THE STATE OF KERALA REPRESENTED BY DISTRICT
COLLECTOR, ALAPPUZHA(1ST DEFENDANT)
RSA.No. 334 of 2004 2
R1 & R2 GOVERNMENT PLEADER R3 TO R5 SRI.R.RAMADAS
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 334 of 2004 3
JUDGMENT
No steps were taken to implead the legal representatives of deceased R6. Hence, appeal stood as abated as against R6. Appeal dismissed as abated against R6 and for default as against other respondents.
Sd/-
P.SOMARAJAN,JUDGE
pm
// TRUE COPY // PA TO JUDGE
1 issue framed by the court
Whether the appeal stands abated as against the defunct respondent due to failure to implead legal representatives of the deceased.
L.SARASWATHY KUNJAMMA
R.PRASANNAN MANIMANDIRATHIL
S.LATHA DEVI KUNJAMA
MR.GOPAN
STATE OF KERALA
GOMATHY KUNJAMMA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
