The High Court at Ernakulam dismissed a regular second appeal filed by Kodiparambil Chatha as abated. The sole appellant died on 01.05.2019 without impleading legal heirs despite an opportunity to do so. No substantive hearing occurred on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
RSA.No.901 OF 2015(G)
AGAINST THE JUDGMENT AND DECREE IN AS 83/2013 DATED 10.4.2015 OF SUB COURT, TIRUR
AGAINST THE ORDER IN F.D.I.A NO.718/2011 IN OS 24/1985 DATED 23.08.2013 OF MUNSIFF COURT,PONNANI
APPELLANTS/APPELLANT/7TH RESPONDENT IN I.A:
KODIPARAMBIL CHATHA, AGED 69 YEARS S/O.MADAMBI, RESIDING AT THRIKKANAPURAM AMSOM VELLANCHERY DESOM OF PONNANI TALUK.
BY ADVS.
SRI.V.V.SURENDRAN SRI.P.A.HARISH
RESPONDENTS/RESPONDENTS/PETITIONERS AND RESPONDENTS 1,3 TO 6 AND 8 TO 13 IN I.A:
1 UNNIKRISHNA VARIER, S/O.PARUKUTTY VARASYAR, RESIDING AT HARIYOOR VARIYATH, THRIKANAPURAM AMSOM, VELLANCHERI DESOM OF
PONNANI TALUK, P.O THIKANAPURAM, MALAPPURAM – 679 573.
2 RAMACHANDRA VARIER S/O.PARUKUTTY VARASYAR, RESIDING AT HARIYOOR VARIYATH, THRIKANAPURAM AMSOM, VELLANCHERI DESOM OF PONNANI TALUK, P.O THIKANAPURAM, MALAPPURAM – 679 573.
D/O.ITHALI @ KUNJUKUTTY VARASSYAR, RESIDING AT PADUPUZHA VARIYATH, THRIKANAPURAM AMSOM, VELLANCHERI DESOM OF PONNANI TALUK, P.O THIKANAPURAM, MALAPPURAM – 679 573.
RSA.No.901 OF 2015(G)
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VELLANCHERI DESOM OF PONANI TALUK, P.O.THRIKANAPURAM, MALAPPURAM NOW RESIDING AT SREELAKSHMI, P.O. IRINJALAKUDA, THRISSUR 680 121.
9 AYYAPPAN, S/O.KOLAVAN RESIDING AT KODIPARAMBILL, THRIKANAPURAM AMSOM, VELLANCHERI DESOM OF PONANI TALUK, P.O THRIKANAPURAM, MALAPPURAM 679 573.
RESIDING AT MANKUZHIPARAMBIL, THRIKANAPURAM AMSOM, VELLANCHERI DESOM OF PONANI TALUK, THRIKANAPURAM, MALAPPURAM 679 573.
RSA.No.901 OF 2015(G)
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R1& R2 BY ADV. SMT.DEEPA NARAYANAN R1& R2 BY ADV. SRI.K.JAYESH MOHANKUMAR R1& R2 BY ADV. SRI.PUSHPARAJAN KODOTH R1& R2 BY ADV. SRI.T.SETHUMADHAVAN SR. R1& R2 BY ADV. SMT.VANDANA MENON
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.901 OF 2015(G)
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Sathish Ninan, J. ============================== R.S.A No.901 of 2015
==========================
Dated this the 25th day of November, 2019
JUDGMENT
A memo was filed by the counsel for respondents 1 and 2 to the effect that, the sole appellant passed away on 01.05.2019. Despite grant of opportunity, no steps have been taken to implead the LRs. The appeal is accordingly dismissed as abated.
Sd/- Sathish Ninan, Judge
vdv
2 issues framed by the court
Whether the regular second appeal should be dismissed as abated due to the death of the sole appellant.
Whether the proper legal heirs need to be impleaded.
Kodiparambil Chatha
Unnikrishna Varier
Ramachandra Varier
Sree Devi Varasyar
Rudran @ Mohana Varier
Rugmini @ Kunjmalu Varassayar
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
