The High Court held that service was incomplete on respondents R3 and R4 and one counsel had withdrawn, leaving the appeal defective. The matter was dismissed without further discussion.
The appeal was dismissed as defective due to incomplete service on some respondents and withdrawal of counsel.
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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 1ST DAY OF AUGUST 2013/10TH SRAVANA, 1935
RFA.No. 22 of 2006
----------------------OS 609/1998 of II ADDL.SUB COURT,ERNAKULAM
APPELLANT/PLAINTIFF:
WEIZMANN HOMES LIMITED, A COMPANY HAVING ITS REGISTERED OFFICE AT 26, GOBIND MAHAL, 86/B NETAJI SUBHASH ROAD, BOMBAY-400 002 AND CORPORATE OFFICE AT A/1202, MITTAL TOWERS, 6, MAHATMA GANDHI ROAD, BANGALORE-560 001 REP. BY SIBIN K. GEORGE, ERNAKULAM BRANCH MANAGER AND PRINCIPAL OFFICER.
BY ADVS.SRI.N.M.MADHU SMT.C.DEVIKA RANI KAIMAL
RESPONDENT(S)/DEFENDANTS::
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 0108-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.A.NO. 203/2006 IN R.F.A.NO. 22/2006
DISMISSED
SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE.
1.8.2013
SD/- BABU MATHEW P.JOSEPH, JUDGE.
/true copy/
P.S. TO JUDGE.
THOTTATHIL B. RADHAKRISHNAN &
BABU MATHEW P. JOSEPH, JJ.
=.===================~=.=
R. F. A. No. 22 of 2006
=.===================~=.= Dated this the 1st day of August, 2013
JUDGMENT
THOTTATHIL B. RADHAKRISHNAN, J.
Service not complete on R3 and R4. Learned counsel whose name is shown in the cause list says that he no longer appears for the appellant. The matter remains defective. The appeal is dismissed.
THOTTATHIL B. RADHAKRISHNAN JUDGE
BABU MATHEW P. JOSEPH JUDGE
nkm
1 issue framed by the court
Whether the regular first appeal can be maintained when service on respondents R3 and R4 is incomplete and counsel has withdrawn.
WEIZMANN HOMES LIMITED
K.K. MANOHARAN
K. CHANDRAMOHAN
V.M. XAVIER
JYOMAN BUILDERS AND REAL ESTATES PVT.LTD.
THOTTATHIL B.RADHAKRISHNAN
BABU MATHEW P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
