The High Court of Kerala dismissed the second appeal for non-prosecution as the appellants failed to cure defects despite intimation, also dismissing pending interlocutory applications.
The second appeal was dismissed for non-prosecution; all pending interlocutory applications were dismissed.
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 THOMAS P.JOSEPH
THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934
SA.NO. 254 OF 1998 (E)
AS.31/1993 OF SUB COURT, PAYYANNUR OS.227/1992 OF MUNSIFF'S COURT, THALIPARAMBA
APPELLANTS/APPELLANTS/DEFENDANTS:
1. KADAN VEETTIL KUNHATHI, D/O.PARVATHI, RESIDING AT PARIYARAM AMSOM, PACHENI DESOM, HOUSE NO.PP.IX.148.
2. KODAN VEETTIL KUNHIRAMAN, S/O.KUNHATHI, RESIDING IN DO. DO.
BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.KRISHNAN
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1. VELLORA VAYALAPRA YESHODA AMMA, D/O.PARVATHI AMMA, RESIDING AT PARIYARAM AMSOM, PACHENI DESOM, HOUSE NO.PP.IX.136.
2. PANKAJAVALLY, D/O.YESHODA AMMA, IN DO. DO. DO.
3. VIMALAKUMARI, D/O. IN DO. DO.
4. PREMALATHA, D/O. DO. IN DO. DO.
5. GIRIJA, D/O. DO. IN DO. DO.
R.S.A. NO.254 OF 1998
6. VALSARAJ, S/O. DO. TYPIST. RESIDING IN DO. DO.
7. ANITHA, D/O. DO, RESIDING IN DO. DO.
BY ADV. SRI.K.V.SOHAN BY ADV. SRI.K.RAJEEV BY ADV. SRI.B.PREMNATH
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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S.A. No.254 of 1998
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Dated this the 09th day of August, 2012 J U D G M E N T
The learned counsel for the appellants submitted that in spite of giving intimation by registered post, the appellants have not turned up to cure the defects.
The Second Appeal is dismissed for non-prosecution.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
Vsv
Kadan Veetil Kunhathi
Kodan Veetil Kunhiraman
Vellora Vayalapra Yeshoda Amma
Pankajavally
Vimalakumari
Premalatha
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
