2026 Supreme(Online)(Ker) 14910
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
BHARGAVI AMMA – Appellant
Versus
S. MURALI – Respondent
RSA NO. 1046 OF 2012
Advocates:
For the Appellants/Petitioners: SRI.M.SREEKUMAR
For the Respondents: SHRI.AJIT G ANJARLEKAR, SRI.GOVIND PADMANAABHAN, SRI.M.H.HANIL KUMAR, SRI.MANU V., SRI.G.P.SHINOD, SRI.RAM MOHAN
An appeal abates if the sole appellant dies and no representation is made on behalf of the estate.
Headnote:Statute Analysis: This case evaluates the provisions relating to the abatement of appeals due to the death of a sole appellant under applicable civil procedure codes. Facts of the Case: The sole appellant, BHARGAVI AMMA, passed away before the hearing, and the notice to her was returned unanswered.
Findings of Court:
The Court ruled the Regular Second Appeal as abated based on the appellant's death.
Issues: The primary issue framed by the court was the consequence of the appellant's death on the pending appeal.
Ratio Decidendi: The Court reasoned that the dismissal was warranted as the appellant's demise led to the lack of representation concerning the appeal, making it untenable.
Result: Hence, the R.S.A is dismissed as abated.
JUDGMENT
It is reported that the sole appellant expired and the registered notice issued to the appellant returned without any reply.
Hence, the R.S.A is dismissed as abated.
Sd/-
EASWARAN S, JUDGE
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