IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 SA.No. 910 of 1999(G) ------------------- AS.102/1996 (AS NO. 155/96 OF DISTRICT COURT) OF I ADDL.SUB COURT, KOZHIKODE OS.405/1992 OF PRINCIPAL MUNSIFF COURT, KOZHIKODE-I ............... APPELLANT / APPELLANT / 2ND DEFENDANT : -------------------------------------------------------------------- K. CHANDUKUTTY, S/O. SAMI, KAVUNGUMTHODI HOUSE, KOTTOOLI AMSOM AND DESOM, KOZHIKODE TALUK. BY ADVS. SRI.P.M.MOHAMED ALI SRI.MAT.PAI RESPONDENTS / RESPONDENTS / PLAINTIFF AND 1ST DEFENDANT : --------------------------------------------------------------------------------------------------- 1. P.K. PHILOMINA, W/O. P.D. JOSEPH, 'KALA', NEDUNGOTTUR AMSOM AND DESOM, NEDUNGOTTUR P.O., KOZHIKODE DIST. 2. EDAKKOTTIL AMMU, D/O. CHANDUKUTTY, KOTTOOLI AMSOM, PARAYANCHERY DESOM, P.O. PARAYANCHERY, KOZHIKODE DIST. (DIED LR'S IMPLEADED) *ADDL. R3 TO R9 IMPLEADED 3. SHOBANA, D/O. KUMARAN, EDAKKOTTIL HOUSE, P.O. MAKKUDA, KAKKODI, KOZHIKODE – 673617. 4. E. JAGATHI, D/O. KUMARAN, EW. 574, 'CIDIYE' COLONY, ERANHIPALAM, KOZHIKODE. 5. PRAKASAN, S/O. KUMARAN, NADAMMEL HOUSE, PUTHIYARA P.O., 86/36/75, KOZHIKODE - 673 004. ...2/- SA.No. 910 of 1999(G) -2- 6. GIRIJA, D/O. KUMARAN, NADAMMEL HOUSE, 86/36/75, PUTHIYARA P.O., KOZHIKODE – 673 004. 7. GEETHA, D/O. KUMARAN, NADAMMEL HOUSE, 86/36/75, PUTHIYARA P.O., KOZHIKODE – 673 004. 8. SAJEENDRAN, S/O. KUMARAN, NADAMMEL HOUSE, PUTHIYARA P.O., KOZHIKODE – 673 004. 9. KANCHANA, D/O. KUMARAN, NADAMMEL HOUSE, PUTHIYARA P.O., KOZHIKODE – 673 004. *2ND RESPONDENT DIED AND ADDL. RESPONDENTS 3 TO 9 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED 2ND RESPONDENT AS PER ORDER DATED 6.1.2011 IN IA. NO. 1817/06. R1 BY ADV. SRI. AVM. SALAHUDIN THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.BHAVADASAN, J. ---------------------------------------------------- SA No.910 of 1999 ---------------------------------------------------- Dated this the 27th day of October 2011 Judgment The judgment in this case was passed with a dead man on the party array. The suit was one for injunction and a decree was granted in favour of the plaintiff. The appeal filed against the decree passed by the trial court was also dismissed and an appeal was filed before this court. During the pendency of the appeal before this court, the appellant died and it so happened that this court passed the judgment in the appeal with a dead man on the party array. When the legal heirs of the deceased appellant came to know about the judgment passed by this court, they filed petitions for reopening the case, setting aside the abatement and for impleading them in the appeal along with delay condonation petitions. The petitions were not opposed and they were allowed. After hearing the learned counsel on both sides, it is felt that modification of SA 910/99 2 the judgment is not necessary. Accordingly, the judgment already passed by this court on 27.10.2011 will continue to govern the parties. The second appeal is accordingly disposed of. P.Bhavadasan, Judge sta SA 910/99 3