The High Court of Kerala dismissed a Second Appeal and a compositorial motion for condoning delay due to default, noting no appellant representation and failure to cure defect.
C.M.P. No. 679 of 2003 dismissed; Second Appeal SA No. 232 of 2003 dismissed for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929
SA.No. 232 of 2003
AGAINST THE JUDGMENT AND DECREE DATED 20/09/2001 IN AS.NO.1/1999 AND AS.19/1999 OF PRINCIPAL SUB COURT, ERNAKULAM OS.NO.1381/1993 AND O.S.NO.943 OF 1994 OF MUNSIFF'S COURT,ERNAKULAM
APPELLANT: APPELLANT/PLAINTIFF:
MADHAVAN, A/S VAREED, AGED 70 YEARS, S/O. LATE KUNJATHAN, RESIDING AT KAVUNGAL PARAMBU, ROACK WELL ROAD, PALLILAMKARA, THRIKKAKARA NORTH VILLAGE.
BY ADV. SRI.K.P.ARAVINDAKSHAN
RESPONDENTS: RESPONDENTS/DEFENDANTS:
BY ADV. K.S. SAJEEV KUMAR.
R5 BY ADV.SRI.C.VALSALAN
THIS SECOND APPEAL HAVING COME UP FOR ORDERS ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN, J. -------------------------------------------S.A. NO. 232 OF 2003 and C.M.P.NO. 679 OF 2003 in S.A. NO. 232 OF 2003
-------------------------------------------Dated this the 18th February, 2008
JUDGMENT
Enough time was granted to cure the defect. On 6.2.2008, it was submitted that steps are taken on that date to cure the defects. It is endorsed by the Office that no steps are taken so far. There is no representation for the appellant. C.M.P.No.679 of 2003, the petition for condoning the delay of 56 days in filing the Second Appeal is, therefore, dismissed for default.
Consequent on the dismissal of the application for condoning the delay in filing the Second Appeal, the Second Appeal is also dismissed for default.
(K.T.SANKARAN) Judge
ahz/
K.T.SANKARAN, J.
S.A.NO. 232 OF 2003 and C.M.P.NO. 679 OF 2003 in S.A. NO. 232 OF 2003 JUDGMENT
18th February, 2008 -------------------------------------------
Madhavan
Paharudeenkotha Thangal
Shihabudeen Koya Thangal
Sirajudeenkotha Thangal
Fazaludeen Koya Thangal
K.P. Beeraan
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
