The appellant filed an appeal challenging a finding that the balance sale consideration was not paid, seeking specific performance. All parties representing the original plaintiff died. The High Court held the appeal abated as there was no one to represent the deceased plaintiff.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
AS NO. 182 OF 1999
AGAINST THE JUDGMENT DATED 19.09.1998 IN OS NO.444 OF 1996 ON THE FILES OF THE COURT OF SUBORDINATE JUDGE/III ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/PLAINTIFF :
MANDADI RAJENDRAN, S/O GOVINDANKUTTY NAIR, AGED 32 YEARS, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE, REPRESENTED BY MOTHER AND POWER OF ATTORNEY HOLDER MADADI MEENAKSHI AMMA, D/O ITTIATHA AMMA
BY ADVS. SRI.P.RAMAKRISHNAN NAIR SRI.P.P.BALAN SRI.R.SUDHISH
RESPONDENT/DEFENDANT:
K.JAYARAJ, S/O P. KRISHNA RAJ, AGED 35 YEARS, RESIDING AT KRISHNAPRABHA, KOTTOOLI AMSOM AND DESOM, KOZHIKODE TALUK.
BY ADVS. MILLU DANDAPANI SRI.C.P.MOHAMMED NIAS
THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH C.O. NO.1/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.S. No.182 of 1999 &
Cross Objection No.1 of 2014 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CO NO. 1 OF 2014
AGAINST AS NO.182 OF 1999 OF HIGH COURT OF KERALA CROSS OBJECTOR/RESPONDENT IN AS/DEFENDANT :
K.JAYARAJ
S/O.P.KRISHAN RAJ, KRISHNAPRABHA, KOTTOLI AMSOM AND DESOM, KOZHIKODE.
BY ADV SRI.C.P.MOHAMMED NIAS
RESPONDENTS/APPELLANTS IN A.S/PLAINTIFF :
1 MANDADI RAJENDRAN (DIED) S/O.GOVINDANKUTTY NAIR, CHEVAYUR AMSOM AND DESOM, KOZHIKODE.
2 P.VASANTHA KUMARI AGED 46 YEARS S/O.GOVINDAN NAIR, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE (IMPLEADED AS PER THE ORDER IN I.A.NO.4011/2011)
BY ADVS.
SRI.P.P.BALAN SRI.P.RAMAKRISHNAN NAIR SRI.R.SUDHISH
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH A.S. NO.182/1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.S. No.182 of 1999 & Cross Objection No.1 of 2014 3
EASWARAN S. , J.
A.S. No.182 of 1999 &
Cross Objection No.1 of 2014
Dated this the 5th day of April 2024
JUDGMENT
A.S. No.182 of 1999 arises against the judgment in O.S. No.444
of 1996 on the files of the Subordinate Judge, Kozhikode and has been kept pending on the files of this Court for the past 25 years.
A.S. No.182 of 1999 &
Cross Objection No.1 of 2014 4
appellant/plaintiff being found against the averments in the plaint, could not have proceeded to decree the suit.
A.S. No.182 of 1999 & Cross Objection No.1 of 2014 5
Accordingly, the Appeal Suit and the Cross Appeal is dismissed as abated.
Sd/-
EASWARAN S. JUDGE
NS
1 issue framed by the court
Whether the appeal abates due to the death of all legal representatives of the deceased appellant?
MANDADI RAJENDRAN
P.VASANTHA KUMARI
K.JAYARAJ
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
