K Krishnankutty vs Santha K Kutty
2021 Latest Caselaw 22504 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                      MAT.APPEAL NO. 797 OF 2016
   AGAINST THE JUDGMENT AND DECREE DATED 06.05.2015 IN OP
      1243/2013 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA
APPELLANT/RESPONDENT IN O.P.NO.1243/2013:

             K KRISHNANKUTTY
             AGED 68, S/O NARAYANAN, KOTHALIL HOUSE, THITTAMEL
             MURI, 16/182, CHENGANNUR VILLAGE, CHENGANNUR P.O.,
             CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN:689121.

             BY ADV SRI.S.SOMAN



RESPONDENT/PETITIONER IN O.P.NO.1243/2013:

             SANTHA K KUTTY @ SANTHAKUMARI
             AGED 66, KODICHIRA HOUSE, WARD NO.17/344,
             CHERTHALA P.O., CHERTHALA MUNICIPALITY,
             CHERTHALA TALUK, ALAPPUZHA, PIN:688524.

             BY ADV SRI.BINDU SREEKUMAR


    THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
09.11.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 MAT.APPEAL NO.797 OF 2016

                                      2



                        J U D G M E N T

A.Muhamed Mustaque, J.

This appeal was filed by the husband of the

respondent challenging a decree granted to the

respondent to recovery of money and gold ornaments. The

appellant passed away pending this appeal. The

respondent and child born in the wedlock are the legal

heirs. In view of the fact that recovery can only be

effected as against estate of the deceased and

respondent herself has become one of the owner, we find

no scope for consideration of the appeal on merit. We

find that this appeal has become abated as much as that

respondent herself has become the legal heir or legal

representative of the estate of the deceased.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS