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C.S.Samuel Vs a.v.Varghese — Civil Procedure and Limitation | Kerala HC (2022)

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Kerala HC
2022
C.S.Samuel Vs a.v.VargheseC.S.Samuel v. a.v.Varghese

Dismissed

C.S.Samuel v. a.v.Varghese

Kerala HC20 Jul 2022FAO (RO)/13/2014

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the first appeal as abated because the sole respondent had passed away and no legal heirs were impleaded.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

WEDNESDAY, THE 20^th DAY OF JULY 2022 / 29TH ASHADHA, 1944

FAO (RO) NO. 13 OF 2014

AGAINST THE JUDGMENT AND DECREE DATED 21.05.2013 IN A.S.No. 92/2011

OF DISTRICT COURT, PATHANAMTHITTA

JUDGMENT AND DECREE DATED 07.08.2010 IN OS No.24/2009 OF SUB COURT,

THIRUVALLA

APPELLANT/RESPONDENTS/DEFENDANTS:

1 C.S.SAMUEL, S/o KUTTY, AGED 64 YEARS, CHUNDACKATTAYA VETTUMANNIL VEETTIL, PULLAD.P.O., KOIPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA.

2 VALSAMMA SAMUEL, W/o C.S. SAMUEL, CHUNDACKATTAYA VETTUMANNIL VEETTIL, PULLAD.P.O., KOIPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA.

Parties & counsel

AI extract

appellant
C.S. Samuel & Others
respondent
A.V. Varghese

Coram

AI extract

P. Somarajan

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 20 Jul 2022 · July
Registered: 10 Jan 2014
Case no.: FAO (RO)/13/2014

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Cite this judgement

C.S.Samuel v. a.v.Varghese, FAO (RO)/13/2014 (KL), decided on 20 July 2022.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P. Somarajan

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

First appeal dismissed as abated. The sole respondent in the underlying proceedings had passed away, and no steps were taken to implead the legal heirs of the deceased respondent. Therefore, the appeal could not proceed.

A compact analysis

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.

BY ADVS. SRI.P.HARIDAS

SMT.S.SIKKY

RESPONDENT/APPELLANT/PLAINTIFF:

A.V.VARGHESE, AGED 60 YEARS,

S/o VARGHESE, THEKKEMANNIL HOUSE, VARAYANNOOR MURI, KOIPURAM VILLAGE, VARAYANNOOR PO, THIRUVALLA TALUK, NOW AT PALATHAANTHU HOUSE, VADAKKEKAVALA, PULLAD.P.O., THIRUVALLA-689101.

BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING COME UP FOR HEARING ON 20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

FAO (RO) No.13 of 2014

2

JUDGMENT

The sole respondent passed away. No steps were taken to implead the legal heirs. Appeal stood abated and is dismissed as abated.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

CNR

KLHC010264052014

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS ABATED

20 Jul 2022

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20 Jul 2022