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2026 Supreme(Online)(Ker) 18252
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MANNEL V.MENACHERRY – Appellant
Versus
ANTO V.MENACHERRY – Respondent
RSA NO. 908 OF 2012
Advocates:
For the Appellants/Petitioners: SHRI.A.ARUNKUMAR, SHRI.BIJU GEORGE (VADASSERY), SHRI.M.B.SANDEEP
For the Respondents: SHRI.ABRAHAM JOHN
For the Appellants/Petitioners: SHRI.A.ARUNKUMAR, SHRI.BIJU GEORGE (VADASSERY), SHRI.M.B.SANDEEP
For the Respondents: SHRI.ABRAHAM JOHN
Important Points
An appeal stands dismissed due to abatement when no application for the impleadment of the deceased appellant's legal heirs is filed.
Subject
Civil - Appeals
Headnote
In the case regarding RSA No. 908 of 2012, the court deliberated on the legal heirs of the deceased sole appellant. The failure to file an application for impleadment resulted in the dismissal of the appeal as abated. The court emphasized the necessity of proper representation for deceased parties. The ruling concluded with the decision that the appeal was dismissed.
JUDGMENT
When the matter came up for consideration on
05.02.2026, it was reported that the sole appellant died. The learned counsel for the appellant has sought time to implead the legal heirs of the sole appellant.
The Registry has reported that, no application for impleading the legal heirs of the deceased sole appellant has been filed.
In the above circumstances, the appeal stands dismissed as abated.
Sd/-
