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2026 Supreme(Online)(Ker) 14908
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
JOSEPH – Appellant
Versus
PADMASENAN – Respondent
RSA NO. 429 OF 2013
Advocates:
For the Appellants/Petitioners: SRI. T. JAYAKRISHNAN, SMT. K. M. RASHMI (PARAVOOR)
For the Appellants/Petitioners: SRI. T. JAYAKRISHNAN, SMT. K. M. RASHMI (PARAVOOR)
Important Points
The court emphasizes the necessity of timely action to implead legal representatives in cases of the appellant's death.
Subject
Civil Law - Abolition of Appeal
Headnote
The appeal was filed under RSA No. 429 of 2013. The appellant passed away, and no steps were taken to implead the legal representatives after 13 years. Consequently, the court dismissed the appeal as abated. Key issues included the necessity of legal representation for continued proceedings. The ruling highlights the importance of timely action in legal proceedings with respect to the representation of parties. The final order dismissed the appeal as ‘abated’.
JUDGMENT
On 21.05.2013, when this appeal came up for consideration, it was reported by the learned Counsel for the appellant that the sole appellant passed away. After 13 years, no steps have been taken to implead the legal representatives of the deceased sole appellant. In such circumstances, this appeal is dismissed as ‘abated’.
Sd/-
