Kandankutty vs Chamiyar

Type Court Judgment Court Kerala Decided Aug 25, 2022

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https://sooperkanoon.com/case/1439707

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Citation: sooperkanoon.com/1439707
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Aug 25, 2022
Case Number: AS/76/2000

Parties & Advocates

Appellant / Petitioner

Kandankutty

Respondent

Chamiyar

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan thursday, the 25th day of august 2022 / 3rd bhadra, 1944 against the judgment and decree dated 16/09/1999 in os 586/1993 of additional sub court, palakkad appellant/plaintiff: kandankutty, s/o chipra, residing at pulickal parambu veedu, muttikulangara, pudupariyaram amsom, palakkad taluk by adv sri.krishna prasad. s respondents/defendants 2 to 8: 1 chamiyar, s/o chipra, residing at pulichikode kalam,muttikulangara, pudupariyaram amsom, palakkad taluk. 2 bhargavi, widow of kunjunni (died)*it is recorded that the second respondent died and that respondents 3 to 5 who are already in the party array are her legal heirs vide order dated 13.06.2000 in memo c.f.no.5312/2000 3 balasubramanian, s/o kunjunni 4 krishnadas, s/o kunjunni 5 pramod, s/o kunjunnirespondents 2 to 5 are residing at pulichikode house, kavilpad amsom, palakkad taluk 6 kunjulakshmi, w/o swaminathan, residing at uppumannu padikayil, nallepully village, thekke desom, chittur taluk, palakkad taluk 7 p.k.vijayakumari, w/o mani, residing at kuppukad house, kolavanmukku, coyalmannam amsom, alathur taluk, palakkad district r1 by advs.sri.babu mathew koothattukulam sri.s.shyam sri.n.sukumaran this appeal suits having come up for hearing on 25.08.2022,the court on the same day delivered the following:judgmentthe appellant passed away in 2003. 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

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944 AGAINST THE JUDGMENT AND DECREE DATED 16/09/1999 IN OS 586/1993 OF ADDITIONAL SUB COURT, PALAKKAD APPELLANT/PLAINTIFF: KANDANKUTTY, S/O CHIPRA, RESIDING AT PULICKAL PARAMBU VEEDU, MUTTIKULANGARA, PUDUPARIYARAM AMSOM, PALAKKAD TALUK BY ADV SRI.KRISHNA PRASAD. S RESPONDENTS/DEFENDANTS 2 TO 8: 1 CHAMIYAR, S/O CHIPRA, RESIDING AT PULICHIKODE KALAM,MUTTIKULANGARA, PUDUPARIYARAM AMSOM, PALAKKAD TALUK. 2 BHARGAVI, WIDOW OF KUNJUNNI (DIED)
*IT IS RECORDED THAT THE SECOND RESPONDENT DIED AND THAT RESPONDENTS 3 TO 5 WHO ARE ALREADY IN THE PARTY ARRAY ARE HER LEGAL HEIRS VIDE ORDER DATED 13.06.2000 IN MEMO C.F.NO.5312/2000 3 BALASUBRAMANIAN, S/O KUNJUNNI 4 KRISHNADAS, S/O KUNJUNNI 5 PRAMOD, S/O KUNJUNNI
RESPONDENTS 2 TO 5 ARE RESIDING AT PULICHIKODE HOUSE, KAVILPAD AMSOM, PALAKKAD TALUK 6 KUNJULAKSHMI, W/O SWAMINATHAN, RESIDING AT UPPUMANNU PADIKAYIL, NALLEPULLY VILLAGE, THEKKE DESOM, CHITTUR TALUK, PALAKKAD TALUK 7 P.K.VIJAYAKUMARI, W/O MANI, RESIDING AT KUPPUKAD HOUSE, KOLAVANMUKKU, COYALMANNAM AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT R1 BY ADVS.SRI.BABU MATHEW KOOTHATTUKULAM SRI.S.SHYAM SRI.N.SUKUMARAN THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 25.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appellant passed away in 2003. 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

Same Court & Year Kerala · 2022 Same Parties Kandankutty vs Chamiyar Same Judge Honourable Mr. Justice P.Somarajan