Court dismissed the second appeal regarding a dispute between heirs as abated because both appellants had died without being impleaded.
Appeal dismissed as abated due to death of appellants without impleading.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941
SA.No. 150 of 2003
AGAINST THE DECREE AND JUDGMENT IN AS 65/1991 of DISTRICT COURT&,MANJERI DATED 29-06-2002
AGAINST THE DECREE AND JUDGMENT IN OS 78/1982 of MUNSIFF COURT, MANJERI DATED 21-08-1990
APPELLANTS/APPELLANTS/DEFENDANTS:
1 MANNETHODI MUHAMMED, S/O AHAMMEDKUTTY POOKKOTTUR AMSOM DESOM, ERNAD TALUK.
2 KATHIYUMMA, W/O. MANNETHODI MUHAMMED POOKKOTTUR AMSOM DESOM, ERNAD TALUK.
BY ADVS.
SRI.T.SETHUMADHAVAN (SR.) SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH
RESPONDENT( RESPONDENT/PLAINTIFF-DIED AND LEGAL REPRESENTATIVES) ORITHODI CHAKKINGAL PARUKUTTY AMMA(DIED)
LEGAL REPRESENTATIVES OF DECEASED PLAINTIFF/RESPONDENT
ORITHODI CHEKKINGAL KAMALAKSHY,, D/O. DECEASED 1 PARUKUTTY AMMA, RESIDING IN, VELLOOR DESOM, POOKKOTTUR AMSOM IN ERNAD TALUK.
S.A.No.150/2003
2
BY ADV. SRI.T.KRISHNANUNNI (SR.)
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.A.No.150/2003
3
JUDGMENT
Both the appellants passed away years back. Nobody came up with an application to implead themselves into the party array of the appeal either as additional appellants or otherwise. The appeal stood as abated. The appeal is dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
sv
Mannethodi Muhammed
Kathiyumma
Legal Representatives of Parukutty Amma
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
