The High Court dismissed the regular first appeal as abated. The Court held that since Respondents 3 and 4 died in 2019 and their legal heirs were not impleaded despite granted time, the appeal could not proceed.
The appeal is dismissed as abated on account of non-impleadment of the legal heirs of deceased respondents 3 and 4.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
RFA NO. 634 OF 2013
AGAINST THE ORDER DATED 30/09/2010 IN OS 2/1977 OF ADDITIONAL SUB COURT, PALAKKAD
APPELLANTS IN R.F.A/RESPONDENTS 4 TO 6 AND 8 TO 14 IN I.A., FINAL
DECREE APPLICATION IN SUIT:
1 DAKSHAYANI AMMA, AGED 88, D/O. BHARGAVI AMMA, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.(DIED)*APPELLANTS 2,3,4,5,6,7 AND RESPONDENTS 1 AND 4 ARE
RECORDED AS THE LRS OF DECEASED 1ST APPELLANT AS PER
ORDER DATED 29/3/2019 VIDE MEMO DATED 11/2/2016
2 KALLIANIKUTTY AMMA,AGED 68, D/O. DAKSHAYANI AMMA, RESIDING AT MANJAPRA AMSOM,KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.
3 C.UNNIKRISHNAN, AGED 62, NORTHER ASSURANCE CO. LTD.,P.B.NO.4865, MUSCAT, SULTANATE OF OMAN.4 C.GOPINATHAN, AGED 58, RESIDING AT THANE, BOMBAY.5 PREMAKUMARI, AGED 55, RESIDING AT MANJAPRA AMSOM DESOM, ALATHUR TALUK, PIN-678 683.6 SAROJAM, AGED 51, RESIDING AT MANJAPRA AMSOM DESOM, ALATHUR TALUK, PIN-678 683.7 JAYARAJAN, AGED 49, RESIDING AT MANJAPRA AMSOM DESOM, ALATHUR TALUK, PIN-678 683.8 SUDHA, AGED 44, D/O. KALLIANIKUTTY AMMA, RESIDING AT MANJAPRA AMSOM DESOM, ALATHUR TALUK, PIN-678 683.9 RAJEEV, AGED 41, S/O. KALLIANIKUTTY AMMA, RESIDING AT MANJAPRA AMSOM DESOM, ALATHUR TALUK, PIN-678 683.10 GIRIJA, AGED 39, D/O. KALLIANIKUTTY AMMA,RFA NO. 634 OF 2013 2
RESIDING AT MANJAPRA AMSOM DESOM,
ALATHUR TALUK,PIN – 678 683
BY ADVS.
SRI.P.B.KRISHNAN
SRI.N.AJITH
SMT.GEETHA P.MENON
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
RESPONDENTS IN R.F.A-PETITIONERS & RESPONDENTS 2 AND 7 & L.R’S OF
RESPONDENT NO.3 IN I.A., FINAL DECREE APPLICATION IN THE SUIT:
1 RADHA AMMA,AGED 65,D/O. CHENNAMKUMARATH DHAKSHAYANI AMMA, RESIDING AT
MANJAPRA AMSOM, KONNAMCHIRA DESOM,
ALATHUR TALUK, PIN-678 683
2 SREEKALA, AGED 37, D/O. RADHA AMMA, LATE A MINOR NOW A MAJOR, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.3 BALAKRISHNAN NAIR, AGED 90, S/O. BHARGAVI AMMA, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN - 678 683.4 REMANI, AGED 59, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.5 K.JAYAGOVINDAN, AGED 46, S/O. SANKARANARAYANAN, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.6 K.JAYASREE, AGED 43, D/O. SANKARANARAYANAN, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683.7 K.SINDHU, AGED 41, D/O. SANKARANARAYANAN, RESIDING AT MANJAPRA AMSOM, KONNAMCHIRA DESOM, ALATHUR TALUK, PIN-678 683. R1 AND R2 BY ADVS. SRI.T.KRISHNAN UNNI (SR.) SRI.VINOD RAVINDRANATH SMT.MEERA GOPINATH SMT.MEENA.A. R2 BY ADVS.SMT.M.R.MINI SRI.K.C.KIRANTHIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 634 OF 2013 3
JUDGMENT
Respondents 3 and 4 reported dead as early as on 2019. So far no
steps were taken to implead the legal heirs, inspite of grant of time.
Hence, the appeal abated on account of non-impleadment of respondents 3
and 4. The appeal is dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
msp
2 issues framed by the court
Whether the appeal abated due to non-impleadment of deceased legal heirs of respondents 3 and 4.
Whether time granted for impleadment rendered the removal of respondents 3 and 4 available to supersede the abatement.
Dakshayani Amma (represented by 2-7)
Radha Amma
Sreekala
Balakrishnan Nair
Remani
K. Jayagovindan
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court