Muraleedharakurup vs Kanaran Nair
2024 Latest Caselaw 23253 Ker

Kerala High Court

Muraleedharakurup vs Kanaran Nair on 2 August, 2024

                                                                2024:KER:59724
RSA Nos.1158/2008, 1159/2008

                                          1
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

            FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946

                               R.S.A.NO.1158 OF 2008


   AGAINST THE JUDGMENT DATED 29.02.2008 IN AS NO.17 OF 2005 OF PRINCIPAL SUB
                                 COURT, KOZHIKODE
 ARISING OUT OF THE JUDGMENT DATED 29.11.2004 IN OS NO.809 OF 1989 OF PRINCIPAL
                            MUNSIFF COURT I, KOZHIKODE
APPELLANT/APPELLANT/2ND PLAINTIFF:

             MURALEEDHARAKURUP
             S/O.KOLANGARAVEETTIL AMBUJAKSHI AMMA, PADINJATTUMURI, KOZHIKODE.
             BY ADV. SRI.S.A.SAJU (EXPIRED)


RESPONDENT/RESPONDENT/DEFENDANT:

             KANARAN NAIR
             S/O.PALAZHIKUZHIYIL LAKSHMI AMMA, KOLONGORAKANDIYIL, PARANNUR,
             KOZHIKODE.


             BY ADV SRI.T.SETHUMADHAVAN

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 02.08.2024, ALONG
WITH RSA.1159/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                 2024:KER:59724
RSA Nos.1158/2008, 1159/2008

                                        2

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

            FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946

                               RSA Nos.1159 OF 2008
   AGAINST THE JUDGMENT DATED 29.02.2008 IN AS NO.16 OF 2005 OF PRINCIPAL SUB
                                 COURT, KOZHIKODE
 ARISING OUT OF THE JUDGMENT DATED 29.11.2004 IN OS NO.147 OF 1989 OF PRINCIPAL
                            MUNSIFF COURT I, KOZHIKODE
APPELLANT/APPELLANT/2ND DEFENDANT:

             MURALEEDHARAKURUP
             S/O.KOLANGARAVEETTIL AMBUJAKSHI AMMA, PADINJATTUMURI, KOZHIKODE.
             BY ADV. SRI.S.A. SAJU (EXPIRED)


RESPONDENT/RESPONDENT/PLAINTIFF:

             KANARAN NAIR
             S/O.PALAZHIKUZHIYIL LAKSHMI AMMA, KOLONGORAKANDIYIL, PARANNUR,
             KOZHIKODE.


             BY ADVS.
             SRI.PUSHPARAJAN KODOTH
             SRI.T.SETHUMADHAVAN


THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02.08.2024, ALONG WITH
RSA.1158/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2024:KER:59724
RSA Nos.1158/2008, 1159/2008

                                    3
                               JUDGMENT

[RSA Nos.1158/2008, 1159/2008]

1. In both these appeals, as per the order dated 29.07.2024 the appellant was directed to take steps to implead the legal heirs of the deceased sole respondent within two days.

2. No steps were taken till today. Counsel for the appellant is no more.

3. The counsel, attached with the counsel for the appellant, submitted that he has no instruction from the appellant, in spite of sending communication.

4. Accordingly, these appeals are dismissed for non-prosecution.

Sd/-

M.A.ABDUL HAKHIM JUDGE SHG/