These second appeals were dismissed as the appellant (died on 13.01.2023) failed to implead legal heirs by the time the matter was taken up for hearing.
The second appeals are dismissed on the ground of abatement due to death of the appellant without impleading legal heirs.
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 K. BABU
MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA,
1945
RSA NO. 1080 OF 2004
AGAINST THE DECREE AND JUDGMENT DATEDN 13.08.2004 IN AS
5/1996 OF COURT OF THE SUBORDINATE JUDGE, TIRUR ARISING
FROM THE JUDGMENT AND DECREE DATED 24.10.1995 IN
OS 203/1991 OF MUNSIFF COURT, TIRUR
APPELLANT/2ND RESPONDENT/2ND DEFENDANT:
CHERIYA KUNHIMOHAMMED [DIED]
S/O.MUHAMMEDKUTTY, RESIDING AT MATHOOR,,
CHENNARA AMSOM DESOM, TIRUR TALUK.
BY ADV SRI.VINOD RAVINDRANATH
RESPONDENTS / APPELLANT & 1ST RESPONDENT/1ST DEFENDANT
1 HARIDASAN S/O ARUMUGHANRESIDING AT VALIYIL, CHENNARA AMSOM,, KAVANCHERI DESOM, TIRUR TALUK.2 MOIDEENKUTTYS/O.KAMMALU, KAIPPADATH,, CHENNARA AMSOM,
VALAMARUTHUR DESOM,, TIRUR TALUK.
BY ADVS.
SHRIHARI RAO K
N.SHOBHA(K/368/1998)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY
HEARD ON 13.11.2023, ALONG WITH RSA.189/2005, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.1080/2004 & 189/2005
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA,
1945
RSA NO. 189 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 13.08.2004 IN AS
7/1996 OF COURT OF THE SUBORDINATE JUDGE, TIRUR ARISING
FROM THE JUDGMENT AND DECREE DATED 24.10.1995 IN
OS 242/1991 OF MUNSIFF COURT, TIRUR
APPELLANT/RESPONDENT/PLAINTIFF:
CHERIYA KUNHIMOHAMMED [DIED]
S/O. MUHAMMEDKUTTY, RESIDING AT MATHOOR,,
CHENNARA AMSOM DESOM, TIRUR TALUK.
BY ADV SRI.VINOD RAVINDRANATH
RESPONDENT/APPELLANT/& 1ST RESPONDENT/1ST DEFENDANT:
HARIDASAN, S/o ARUMUGHAN
RESIDING AT VALIYIL, CHENNARA AMSOM, KAVANCHERI
DESOM, TIRUR TALUK.
BY ADV K.SHRIHARI RAO
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 13.11.2023, ALONG WITH RSA.1080/2004, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.1080/2004 & 189/2005
..3..
K. BABU, J
R.S.A. Nos. 1080 of 2004 &189 of 2005
Dated this the 13th day of November, 2023
JUDGMENT
No representation for the appellant. On 13.01.2023,
it was reported that the appellant died. When the matter was taken up on 27.10.2023, the learned Counsel for the appellant sought time to take steps to implead the legal heirs. So far, no steps have been taken. The appeals stand abated.
Sd/- K.BABU, JUDGE
kkj
1 issue framed by the court
Whether the second appeals can be proceeded with after the death of the appellant without impleading legal heirs.
CHERIYA KUNHIMOHAMMED [DIED]
HARIDASAN S/O ARUMUGHAN
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court