Kunjalan v. Prabasankar.M.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 AS.No. 111 of 1997 (E) ----------------------- OS 471/1991 of PRINCIPAL SUB COURT, PALAKKAD APPELLANT(S)/PLAINTIFFS :

------------------------ 1.

KUNJALAN, S/O.KUNCHI HAJI, AGED 53 YEARS, VAVALIYAPURAM AMSOM AND DESOM,EDAPARAMBIL, ALATHUR TALUK. (DIED) 2.

MUTHU, S/O. -DO- (DIED) ADDITIONAL APPELLANT IMPLEADED :

3.

AMINA UMMA, W/O.KUNJALAN, NELLIPADAM HOUSE, VAVULLIYAPURAM POST - 678 543, ALATHUR TALUK, PALAKKAD DISTRICT.

(LEGAL REPRESENTATIVES OF DECEASED FIRST APPELLANT IS IMPLEADED AS ADDITIONAL THIRD APPELLANT AS PER ORDER DT. 18.10.2012 IN I.A.NO. 2255/12) BY ADVS.SRI.P.B.KRISHNAN SRI.K.S.BABU SMT.N.SUDHA SRI.JOJI VARGHESE SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENT(S)/DEFENDANTS :

---------------------------- 1.

PRABHASANKAR.M., ADVOCATE, HOSPITAL ROAD, PALAKKAD TOWN, PALAKKAD TALUK.

2.

R.K.NARAYANAN, S/O.KRISHNAN, RAMATHKALAM, AGED 63 YEARS, VAVULLIYAPURAM, ALTHUR TALUK.

3.

R.N.KRISHNA BABU, -DO4.

R.N.VIJAYAKUMAR, AGED 35 YEARS, -DO- IT IS RECORDED THAT THE SECOND RESPONDENT EXPIRED AND THE RESPONDENTS 3 AND 4 ARE RECORDED AS HIS LEGAL REPRESENTATIVES VIDE ORDER DATED 4.4.2008 IN MEMO NO.1781/08 DT. 28.3.2008. ADDL. RESPONDENTS 5 TO 7 IMPLEADED :

5.

SOUMITHA, W/O.K.M.SIVADAS, C/O.SIVADAS, ENG. DIVISION, INSTRUMENTATION LTD., PALAKKAD. 6.

REMA, W/O.R.K.NARAYANAN, RAMATHKALAM, VAVULLIYAPURAM, ALTHUR TALUK, PALAKKAD DISTRICT. 7.

JAYAKUMARI, D/O.R.K.NARAYANAN, RAMATHKALAM, VAVULLIYAPURAM, ALTHUR TALUK, PALAKKAD DISTRICT. (LEGAL REPRESENTATIVES OF THE DECEASED SECOND RESPONDENT ARE IMPLEADED AS ADDL.RESPONDENTS 5 TO 7 VIDE ORDER DT. 23.7.2008 IN I.A.NO.1483 OF 2008.) ADDL. R8 IMPLEADED :

8.

MUHAMMED SHAFI, S/O.KUNJALAN, NELLIPADAM HOUSE, VAVULLIYAPURAM POST, ALTHUR TALUK, PALAKKAD DISTRICT.678 543.

(LEGAL REPRESENTATIVE OF DECEASED FIRST APPELLANT IS IMPLEADED AS ADDITIONAL EIGHTH RESPONDENT AS PER ORDER DATED 18.10.2012 IN I.A.NO.2255 OF 2012) R2 TO R4 BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) R5-7 BY ADV. SRI.P.GOPAL R1 BY ADV. B.KRISHNAPRASAD ADDL.R8 BY ADV. SRI.BABU SHANKAR THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.B.SURESH KUMAR, J.

----------------------------------------------- A.S. No.111 of 1997 ----------------------------------------------- Dated 12th June, 2015.

J U D G M E N T

It is submitted that the second appellant died on 1.9.2013. The legal heirs of the second appellant have not come on record. The appeal is, therefore, dismissed as abated. All the interlocutory applications in the appeal are closed. Sd/- P.B.SURESH KUMAR, JUDGE.

tgs (true copy)