V.M.George vs Xavier Paul @ Jomy Paul
2022 Latest Caselaw 7369 Ker

ARB.A NO. 14 OF 2010
                                      1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                            ARB.A NO. 14 OF 2010
     AGAINST THE ORDER DATED 8/9/2009 IN O.P(ARB) 1700/2008 OF II
                  ADDITIONAL DISTRICT COURT,ERNAKULAM
APPELLANT/1ST RESPONDENT:

            V.M.GEORGE, S/O MATHAI, VELIYAMKUNNATHU HOUSE, PERAMPUZHA
            PO, KOTTAYAM - 32

            BY ADV SRI.N.J.MATHEWS


RESPONDENTS/PETITIONERS 1 & 2 & RESPONDENTS 2,3 & 4:

1           XAVIER PAUL @ JOMY PAUL, S/O N.P.PAUL, NEDUMKANDATHIL
            HOUSE, CHERANELLOOR PO, PERUMBAVOOR.
2           K.J.VARGHESE, S/O K.V.JOSEPH, KUNNATH HOUSE, CHELAD PO,
            KOTHAMANGALAM
3           M.MATHEW, S/O MATHEW, MANNIYATTU HOUSE, THRIKKARIYUR PO,
            KOTHAMANGALAM
4           ABRAHAM JOSEPH, ADVOCATE, MUVATTUPUZHA
            BY ADVS.
            SRI.ALEXANDER JOSEPH
            SRI.M.G.KARTHIKEYAN
            SRI.NIREESH MATHEW


     THIS   ARBITRATION     APPEALS   HAVING   COME   UP   FOR   HEARING   ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 ARB.A NO. 14 OF 2010
                                  2

                              JUDGMENT

The appellant and the counsel remained absent.

The counsel for the respondents submitted that the

appellant passed away years back and no steps were

taken to implead the legal heirs. Hence, the absence

of the appellant cannot be condoned. Nobody

represented the matter, hence, the appeal will stand

abated. The appeal is dismissed as abated.

Sd/-

P.SOMARAJAN JUDGE msp