High Court of KeralaAS/241/1998dismissed

Yannachamkandi Parambil Bhoba v. Pashnath Kalliani

2015-02-25Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.N.Ravindran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 AS.No. 241 of 1998 (A) ----------------------- AGAINST THE JUDGMENT IN OS 361/1992 of I ADDL.SUB COURT, KOZHIKODE DATED 30-08-1997 APPELLANTS/DEFENDANTS;

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1. KANNACHAMKANDI PARAMBIL SHOBA, W/O.THIYYAKKANDI BHASKARAN, 43 YEARS, MANGOTTH PARAMBU, KOTTOLI AMSOM DESOM, KOZHIKODE TALUK

2. KANNACHAMKANDI PARAMBIL THIYYAKKANDI BHASKARAN S/O.KANARAKUTTY, 52 YEARS, MECHANIC, KOTTOLI AMSOM DESOM, KOZHIKODE TALUK.

BY ADVS.SRI.M.C.SEN (SR.) SRI.AVM.SALAHUDIN RESPONDENT/PLAINTIFF:

----------------------------------- PASHNATH KALLIANI D/O.RAMU, 70 YEARS SWASTHAM, KALATHIKUNNATH DESOM, KOZHIKODE TALUK (DIED RECORDED) (THE DEATH OF 1ST RESPONDENT RECORDED VIDE ORDER DTD.2.9.2014 IN MEMO DATED 11.8.2014 VIDE CF.NO.5195/2014) BY ADV. SRI.A.ANTONY THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.

--------------------------- A.S. No.241 of 1998 -------------------------- Dated this the 25th day of February, 2015

J U D G M E N T

P.N.Ravindran, J.

Though the learned counsel appearing for the respondent had filed a memo dated 11.8.2014 to the effect that the sole respondent in the appeal passed away on 20.6.2013 and a copy of the memo was served on the learned counsel appearing for the appellants, the appellants have not so far taken steps to implead the legal heirs of the deceased respondent.

2. When this appeal came up for hearing on 2.9.2014, the learned counsel appearing for the appellants sought time to take steps to implead the legal heirs of the deceased respondent and one month's time was granted. When the appeal came up for hearing on 31.10.2014, two weeks' further time was granted for curing the defects. Though the appeal thereafter stood posted on 6.2.2015, 12.2.2015 and 18.2.2015, till date, the appellants have not taken steps to implead the legal heirs of the deceased respondent. In such circumstances, the appeal is dismissed as abated. P.N.RAVINDRAN, (JUDGE) ANIL K.NARENDRAN, (JUDGE) vps