Chanda Bai vs Chandramathi on 1 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

SA No. 954 of 2001()



1. CHANDA BAI
                      ...  Petitioner

                        Vs

1. CHANDRAMATHI
                       ...       Respondent

                For Petitioner  :SRI.K.V.SADANANDA PRABHU

                For Respondent  :SRI.P.K.RAVISANKAR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :01/11/2007

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                   ...........................................
                     S.A.No. 954             OF 2001
                   ............................................
      DATED THIS THE 1st DAY OF NOVEMBER, 2007

                              JUDGMENT

Appeal was filed by two plaintiffs. When first appellant

died, second appellant filed a memo to record second appellant

as her sole legal heir. As per order dated 7.2.2006, it was found

that second appellant is not the legal heir of first appellant.

Second appellant was directed to implead the legal heirs of first

appellant. Second appellant thereafter filed I.A. 657 of 2006 and

658 of 2006 to implead the legal heirs as respondents 5 to 12

and to set aside the abatement. Notices were not served to the

proposed legal heirs. Meanwhile, second appellant also died on

13.12.2006. First respondent filed I.A.1715 of 2007 to dismiss

the appeal as abated stating that in spite of death on 13.12.2006,

legal heirs of second appellant were not impleaded. Even

thereafter no steps was taken by legal heirs of second appellant

to come on record. Learned counsel appearing for appellant

submitted that legal heirs of deceased second appellant did not

approach him. The appeal is therefore dismissed as abated.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-