This single-paragraph order notes that the first respondent died in March 2022 without the court being informed of their heirs, leading to a finding that the appeal stood abated. The court dismissed the appeal on these grounds without adjudicating the merits.
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
WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945
RFA NO. 303 OF 2007
AGAINST THE JUDGMENT AND DECREE DATED 18/2/2005 IN OS 444/2002 OF I ADDITIONAL SUB COURT, KOZHIKODE
APPELLANTS:-(PLAINTIFFS
1 PRAMOD GOPAL,VADAKKEYIL, CHATHAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK.2 VENUGOPAL, VADAKKEYIL, CHATHAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK.3 SOUDHAMINI, VADAKKEYIL, CHATHAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK.4 KARTHIAYANI, VADAKKEYIL, CHATHAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK.5 CHIRUTHA, VADAKKEYIL, CHATHAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK.BY ADV SRI.G.S.REGHUNATH
RESPONDENT/S:
1 GANGADHARAN, S/O UNNIKUTTY, KALLUVETTUKUZHIYIL, CHATHAMANGALAM AMSOM & DESOM,, KOZHIKODE TALUK.2 RAVEENDRAN, S/O UNNIKUTTY, KALLUVETTUKUZHIYIL, CHATHAMANGALAM AMSOM & DESOM,, KOZHIKODE TALUK.BY ADVS.
SRI.K.C.CHARLES
SRI.K.SANEESH KUMAR
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 303 OF 2007
2
JUDGMENT
The first respondent passed away on 27/03/2022.
It was intimated to this court in the month of
July 2022. So far, no steps were taken to implead
the legal heirs, hence, the appeal stood abated. The
appeal is dismissed as abated.
Sd/-
P.SOMARAJAN
JUDGE
msp
PRAMOD GOPAL
VENUGOPAL
SOUDHAMINI
KARTHIAYANI
CHIRUTHA
GANGADHARAN
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court