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2026 Supreme(Online)(Ker) 84
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MOOSA HAJI – Appellant
Versus
KERALA FINANCIAL CORPORATION – Respondent
EX.SA NO. 9 OF 2015
Advocates:
For the Appellants/Petitioners: SRI.R.SREEHARI, SRI.SACHIN VYAS
For the Respondents: SRI.K.JAJU BABU (SR.), SHRI.M.R.VENUGOPAL
For the Appellants/Petitioners: SRI.R.SREEHARI, SRI.SACHIN VYAS
For the Respondents: SRI.K.JAJU BABU (SR.), SHRI.M.R.VENUGOPAL
Important Points
An appeal abates if the sole appellant dies and their legal heirs show no interest in prosecution.
Subject
Civil - Execution Proceedings
Headnote
The case involves an execution second appeal concerning the dismissal of the appeal due to the appellant's death and the legal heirs' lack of interest in prosecution. The court concluded that the appeal should be dismissed as abated reflecting on the implications of the appellant's demise on the proceedings. The final ruling affirmed the appeal's dismissal based on the reported facts of the case.
JUDGMENT
It is reported that the sole appellant died, and the legal heirs are not interested in prosecuting the appeal. Hence, the appeal is dismissed as abated.
