Dismissed
Cyril Victor Thomas v. Theresa P. Thomas
Kerala HCRFA/158/2014
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 RFA NO. 158 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 14.06.2013 IN OS 121/2006 OF
SUB COURT,KOCHI
NAME AND ADDRESS OF APPELLANT/DEFENDANT:
CYRIL VICTOR THOMAS, S/O LATE THOMAS, AGED 49 YEARS
PARAYAKATTIL HOUSE,16/1964, T&R CROSS ROAD,
KOCHI - 682 005,
RAMESWARAM VILLAGE,
KOCHI TALUK
BY ADVS.PONNU PRAKASH
SMT.UMA G. KRISHNAN
SMT.S.AMBILY
SMT.DHANYA V.PAVANA
SMT.P.J.FLONY
SMT.G.LEKHA
SRI.SAJU N.A.
NAME AND ADDRESS OF RESPONDENTS/PLAINTIFFS:
1THERESA P. THOMAS, W/O.ALBY T.S., AGED 58 YEARS,
TEACHER, THEKKEVEETIL HOUSE,
XI/743, BISHOP'S GARDEN, PATTALAM, KOCHI - 682 001,
FORT KOCHI VILLAGE, KOCHI TALUK,
NOW RESIDING AT C/O.DICKSON ANTONY,
CHATHANATTU HOUSE, TWRA - 61,
ST. MARY'S CHAPEL ROAD,
THOPPUMPADY, COCHIN- 682 005.
2ANNIE THOMAS, D/O.LATE THOMAS, AGED 53 YEARS
C/O.ALBY T.S.,THEKEVEETIL HOUSE, XI/743, BISHOP'S
GARDEN, PATTALAM, KOCHI - 682 001, FORT KOCHI VILLAGE,
KOCHI TALUK, NOW RESIDING AT PARAYAKATTIL HOUSE,
16/136, CHOOLAZHATH PARAMB,
KARUVELIPADY, COCHIN- 682 005.
3CUTHBERT THOMAS, S/O.LATE THOMAS,AGED 51 YEARS,
PARAYAKATTIL HOUSE,
XVI/1964, T & R CROSS ROAD, THOPUMPADI,
KOCHI -682 005, NOW RESIDING AT HOUSE NO.XVIII/1995-B,
ST.LOUIS CHAPPEL, MUNDEMVELI P.O.,
KOCHI - 682 507, NOW RESIDING AT PARAYAKATTIL HOUSE,
16/136, CHOOLAZHATH PARAMB,
KARUVELIPADY, COCHIN - 682 005.
4ROSEBELL THOMAS, W/O XAVIER, AGED 42 YEARS,
RFA NO. 158 OF 2014
2
KURISINGAL HOUSE, XVII/995 B, ST. LOUIS CHAPPEL,
MUNDEMVELI P.O., KOCHI - 682 507, RAMESWARAM VILLAGE,
NOW RESIDING AT KURISINGAL HOUSE, OPPOSITE EMMANUEL
CHURCH, ST.JOHN PATTAM, KOCHI - 682 001.
R1 TO R4 BY ADVS.SRI.B.KRISHNA MANI
SRI.P.R.LESLIE STEPHEN
SMT.LILLY LESLIE
SMT.RESHMA LESLIE
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 158 OF 2014
3
JUDGMENT
The 4th respondent expired as early as on
30.10.2020. So far no steps were taken to implead the
legal heirs. The attempt made to settle the matter
through mediation is also failed. As such, the
appeal stood abated as against 4th respondent. As
against the remaining respondents, the appeal will
not stand by the operation of res judicata. Hence,
the appeal will stand dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
msp
CYRIL VICTOR THOMAS
THERESA P. THOMAS
ANNIE THOMAS
CUTHBERT THOMAS
ROSEBELL THOMAS
P. SOMARAJAN
As recorded by the court registry
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