Regular second appeal against concurrent decrees was dismissed as abated because the appellant died during pendency and no legal representatives were impleaded or represented.
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 A. BADHARUDEEN
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
RSA NO. 776 OF 2013
AGAINST THE JUDGMENT DECREE DATED 30.01.2013 IN AS NO.57 OF 2002 OF
ADDITIONAL DISTRICT COURT (ADHOC), MAVELIKKARA
ARISING OUT OF THE JUDGMENT AND DECREE DATED 30.01.2002 IN OS NO.11 OF 1998 OF MUNSIFF COURT, MAVELIKKARA
APPELLANT/RESPONDENT/DEFENDANT:
HASSAN KHADER AGED 79 YEARS S/O NAYANARU KANNU, SABEENA MANZIL, VETIYAR MURI, MAVELIKARA TALUK.
BY ADV SRI.K.SASIKUMAR
RESPONDENT/APPELLANT/PLAINTIFF:
SAINUL ABDEEN AGED 54 YEARS S/O MOIDEEN KUNJU LABBAH, PALLIMALAYIL HOUSE, VETTIYAR MURI, MANKAMKUZHI (PO), MAVELIKARA TALUK-690 558.
BY ADVS. SMT.A.SALINI LAL SRI.R.SUNIL KUMAR
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 776 OF 2013
2
JUDGMENT
Dated this the 4th day of March, 2024
This regular second appeal has been filed under Section 100 r/w Order XLII of the Code of Civil Procedure, challenging the judgment and decree dated 30.01.2013 in A.S.No.57/2002 on the files of the Additional District Fast Track (Adhoc) Court, Mavelikara, arose out of the judgment and decree dated 30.01.2002 in O.S.No.11/1998 on the files of the Munsiff's Court, Mavelikara. The appellant herein is defendant in the Suit.
RSA NO. 776 OF 2013
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All interlocutory applications pending in this regular
second appeal stands dismissed.
Registry shall inform this matter to the trial court as well
as the appellate court for information and future guidance.
Sd/A. BADHARUDEEN JUDGE
nkr
1 provisions across 1 enactments
Hassan Khader
Sainul Abdeen
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
