Kerala High Court
Palliyil Koyiloth Narayanan Nambiar vs Puthukudipoyil Kunhi Parvathyamma
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 31ST DAY OFAUGUST 2017/9TH BHADRA, 1939
SA.No. 35 of 1997 (D)
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AGAINST THE JUDGMENTAND DECREE DATED 30-01-1996 IN AS 196/1992 of
DISTRICT COURT, KOZHIKODE
AGAINST THE JUDGMENTAND DECREE DATED 30-03-1992 IN OS 93/1990 of
SUB COURT, VADAKARA
APPELLANT/APPELLANT/23RD DEFENDANT:
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PALLIYIL KOYILOTH NARAYANAN NAMBIAR,
S/O SANKARA KURUP, AGED 57 YEARS,
RESIDING AT OLAVILAM AMSOM AND DESOM,
TELLICHERRY TALUK.
BYADV. SHRI.C.A.MAJEED
RESPONDENTS/RESPONDENTS/PLAINTIFFS AND D2 TO 22 AND 24:
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1. PUTHUKUDIPOYIL KUNHI PARVATHYAMMA,
W/O KUNHAMBU KURUP, AGED 71 YEARS,
CHEMMARATHUR AMSOM,
KOTTAPPULLY, DESOM,
VADAKARA TALUK P.O.
2. SON - DO - RAJAN, AGED 48 YEARS, DO (EXPIRED)
3. BROTHER - DO - CHANDRAN AGED 46 YEARS,
DO - DO -
4. SISTER - DO - NALINI AMMA,
AGED 44 YEARS, DO - DO
5. SISTER - DO - VIJAYALAKSHMI,
AGED 42 YEARS, DO- DO-
6. BROTHER, DO - VIJAYAN,
AGED 40 YEARS, DO DO
7. SISTER, -DO - PUSHPAVALLY,
AGED 38 YEARS, DO DO
8. BROTHER, DO - RAVEEENDRAN, AGED 32 YEARS, DO DO
CONTD----2/-
2
9. SISTER, - DO - SHYLAJA, AGED 30 YEARS,
- DO - DO
10. RAYAROTH DEVI AMMA, D/O AMMALU AMM,
AGED 61 YEARS, RESIDING NEAR POOVADAN GATE,
BADAGARAAMSOM, DESOM, BADAGARA TALUK, P.O.
BADAGARA BEACH.
11. RAYAROTH VASANTHA, D/O DEVI AMMA,
AGED 36 YEARS, RESIDING AT CHORODE AMSOM,
DESOM, BADAGARATALUK, P.O,
CHORODE (VIA), BADAGARA.
12. DAUGHTER NISHA, AGED 21 YEARS,
- DO - DO
13. SISTER, JISHAAGED 20 YEARS,
- DO DO
14. RAYAROTH RAJALAKSHMI, D/O DEVI AMMA,
AGED 34 YEARS, TEACHER, RESIDING AT VINAYA NIVAS,
KARTHIKAPPALLYAMSOM, DESOM, P.O.,
KARTHIKAPPALLY(VIA), VILLIAPILLY.
15. BROTHER RAYAROTH RADHAKRISHNANAN,
AGED 27 YEARS, RESIDING AT RAYAROTH HOUSE,
NEAR POOVADAN GATE, P.O., BADAGARA BEACH.
16. BROTHER, RAYAROTH RAMACHANDRAN,
AGED 29 YEARS, RESIDING AT RAYAROTH HOUSE,
DO - DO
17. BROTHER RAYAROTH RAGESH
AGED 25 YEARS, RESIDING AT RAYAROTH HOUSE,
DO - DO
18. SISTER RAYAROTH CHITHRALEKHA,
AGED 19 YEARS, RESIDING AT RAYAROTH HOUSE,
DO - DO
19. N.K.CHANDU KURUP, S/O SANKARA KURUP,
AGED 79 YEARS, RESIDING AT THEKKE PARAMBATH HOUSE,
NEAR SANSKRIT HIGHT SCHOOL, P.O,
BADAGARA NUT STREET, BADAGARA - 4.
20. MEERA, W/O NANU KURUP,AGED 54 YEARS, HOUSE NO.15/108,
CHITTAGUNDATOP, GUNDUR NELLORE (DT.),
ANDHRAPRADESH.
21. SON SIVAKUMAR, AGED 34 YEARS, DO - DO
22. SISTER SIVAKUMARI, AGED 31 YEARS DO - DO-
23. SISTER SIVAPRABHA, AGED 28 YEARS, DO - DO-
24. BROTHER, SIVAPRASAD, AGED 25 YEARS, DO - DO
contd.....3/-
3
25. KIZHAKKAYIL PARVATHYAMMA,
W/O LATE SANKARA KURUP, AGED 76 YEARS,
RESIDING AT KODIYERI,
P.O.PARAL (VIA) CHOKLI, (DIED LR R.26)
26. DAUGHTER, DEVI AMMA, AGED 56 YEARS,
RESIDING AT KIZHAKKAYIL HOUSE,
P.O.PARAL (VIA) CHOKLI, TELLICHERRY TALUK.
27. PALLIYIL KOYILOTH LAKSHMI AMMA,
AGED 90 YEARS, W/O LATE SANKARA KURUP,
RESIDING AT PALLIYIL KOYILOTY HOUSE,
J.T.ROAD, BADAGARA -I.
28. DAUGHTER, DO KALLIANI AMMA, AGED 56 YEARS,
RESIDING AT PUNNOL HOUSE, ONCHIYAM,
P.O.ONCHIYAM (VIA), MUKKALI.
29. SISTER ROHINI AMMA, AGED 54 YEARS,
RESIDING AT THAMBRATH HOUSE,
P.O. PURAMERI, KOZHIKODE DT.
30. SISTER OMANAAMMA, AGED 51 YEARS, RESIDING AT
PALLIKOYILOTH HOUSE, J.T.ROAD, BADAGARA.
31. SISTER LAKSHMI KUTTYAMMA,
AGED 46 YEARS DO DO-
LRS OF DECEASED R2
32. KAMALAKSHY, W/O RAJAN, VELLACHERY HOUSE,
CHEMMARATHOOR AMSOM, KOTTAPPALLY DESOM,
VADAKARA TALUK.
33. RAJESH S/O RAJAN, VELLACHERY HOUSE,
CHEMMARATHOOR AMSOM, KOTTAPPALLY DESOM,
VADAKARA TALUK.
LEGAL HEIRS OF DECEASED R2 IMPLEADED AS ADDITIONAL
RESPONDENTS 32 AND 33 AS PER ORDER DATED 28.7.2011 IN I.A. NO.483/2008.
R1- R9 BYADVS. SRI.V.V.ASOKAN
SMT.JIJIMOL J.VADAKKEN
R10 BY ADV. SRI.K.MOHANA KANNAN
R11 TO R13 BY ADV. SRI.C.VATHSALAN
R14 TO R18 BY ADV.SRI.K.MOHANA KANNAN
R19 BYADV.SRI. SRI.N.L.KRISHNAMOORTHY
R26 TO 31
R BYADV.SRI.SUNIL JACOB JOSE
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 31-08-2017, THE
COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
rmm
K.RAMAKRISHNAN, J.
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S.A.No.35 of 1997
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Dated this the 31st day of August, 2017
J U D G M E N T
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The case was posted in the defect list on the basis of the memo submitted by the counsel for the 19th respondent stating that sole appellant is no more. On the last hearing date namely, 1.8.2017 the following order has been passed:
"Memo has been filed by counsel for the 19th respondent stating that sole appellant is no more and he died on 13.12.2011. No representation for the appellant. However, one week time is granted to take steps.
Post along with connected case on 31.8.2017. If steps are not taken the appeal will stand dismissed as abated".
Even today, no steps have been taken to implead the legal representatives of sole appellant who is reported to be dead on 13.12.2011. The memo was filed as early as on March, 2015. In spite of that no steps have been taken to implead the legal representatives of sole appellant. So the appeal is dismissed as abated.
Sd/-
K.RAMAKRISHNAN JUDGE rmm/02.09.2017 // true copy // P.A. To Judge