The High Court of Kerala dismissed the appeal for non-prosecution due to incomplete service of notice. Pending interlocutory applications were also dismissed.
Appeal dismissed for non-prosecution; pending interlocutory applications 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 ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
AS.No. 207 of 2003 ( )
AGAINST THE JUDGMENT AND DECREE IN OS NO.12/1993 of SUBORDINATE JUDGE'S COURT, OTTAPPALAM DATED 29-06-2002
APPELLANT/PLAINTIFF:
KHADEEJA UMMA, D/O.LATE BEEVIKUTTY UMMA, D/O.PADUVAMBADAN LATE AYAMU HAJI, EDATHANATTUKARA AMSOM DESOM, MANNARKKAD TALUK.
BY ADVS.SRI.T.SETHUMADHAVAN
SRI.PUSHPARAJAN KODOTH
SRI.K.JAYESH MOHANKUMAR
RESPONDENT(S)/DEFENDANTS 2 TO 22 AND LEGAL HEIRS OF 1ST DEFENDANT:
(DEFENDANTS 1 TO 20 AND SUPPLE.DEFENDANTS 21` AND 22 ARE RESIDING AT EDATHANATTUKARA AMSOM DESOM, MANNARKKAD TALUK)
(SUPPLEMENTAL DEFENDANTS 23 TO 28 ARE RESIDING AT EDATHANATTUKARA AMSOM, DESOM, MANNARKKAD TALUK.)
R10 BY ADVS. SRI.K.RAMACHANDRAN SRI.P.RAMACHANDRAN R2 BY ADV. SRI.R.RAMADAS R21 BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
A.S.No.207 of 2003
-------------------------------------Dated this the 21st day of March, 2016
JUDGMENT
Antony Dominic, J.
In this appeal filed in the year 2003, service is not yet complete. Apart from that, though notice was ordered in interlocutory applications for impleading the legal representatives of deceased respondents 2 and 3 on 15.12.2013, service is not complete in respect of some of them. Under such circumstances, the appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
ANTONY DOMINIC & A.HARIPRASAD,JJ.
A.S. No.207 of 2003
JUDGMENT
21st March,2016
Khadeeja Umma
Muhammed @ Kunhappu
An Antony Dominic
A Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
