Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Hamsa Vs Jayarama Shetty — Civil Procedure and Limitation | Kerala HC (2016)

Home
Kerala HC
2016
Hamsa Vs Jayarama ShettyHamsa v. Jayarama Shetty

Dismissed

Hamsa v. Jayarama Shetty

Kerala HC2 Feb 2016AS/330/2002

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal for non-prosecution, as notice remained unserved to key respondents despite multiple opportunities.

What did the court decide?

Appeal dismissed for non-prosecution due to unserved notice.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

&

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

TUESDAY,THE 2ND DAY OF FEBRUARY 2016/13TH MAGHA, 1937

AS.No. 330 of 2002

AGAINST THE JUDGMENT AND DECREE IN OS 169/1994 of SUB COURT, KASARAGOD DATED 23.3.2002

APPELLANTS/DEFENDANTS 7 TO 13::

HAMSA

KUNHAMU.

ABDULRAHIMAN.

ABOOBACKER.

BEEPATHUMMA.

Parties & counsel

AI extract

appellant
HAMSA
respondent
JAYARAMA SHETTY

Coram

AI extract

ANTONY DOMINIC

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 2 Feb 2016 · February
Registered: 22 Jul 2002
Case no.: AS/330/2002

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from A.hariprasad Antony Dominic

M/S.Deepa Export Enterprises Vs v.J.Chandy
29 Jan 2016
Lt. Col.K.C.Chandrasekharan Vs Unnikrishnan Nair
29 Jan 2016
P.Sadasivan Vs State Bank of Travancore
29 Jan 2016
C.R.Shijo Vs v.S.Lilly
2 Feb 2016

Cite this judgement

Hamsa v. Jayarama Shetty, AS/330/2002 (KL), decided on 2 February 2016.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

ANTONY DOMINIC and A.HARIPRASAD

Parties & counsel

Outcome

Appeal dismissed for non-prosecution due to unserved notice.

Detailed headnote1 paragraphs

The appeal was dismissed for non-prosecution. The court observed that despite the matter being pending since 2002, service of notice on several respondents (including respondents 5, 6, 7, 11, 12, and 15) was not completed. The defect was not cured even after various opportunities.

A compact analysis

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.

MOHAMMED.

ALIMA.

THE 5TH APPELLANT IS THE WIFE AND THE APPELLANTS 1 TO 4, 6 AND 7 ARE THE CHILDREN OF IBRAHIM HAJI, RESIDING AT MEEPIRI HOUSE, HEROOR VILLAGE, KASARAGOD TALUK, P.O. HEROOR.

BY ADVS.SRI.D.KRISHNA PRASAD

SRI.D.NARENDRANATH SRI.JOJI VARGHESE SRI.M.HARISHARMA SRI.T.P. ELDHOSE

RESPONDENTS/PLAINTIFF, DEFENDANTS 1 TO 6 & SUPPL. DEFENDANTS 14 TO 21:

JAYARAMA SHETTY, S/O BHAGEERATHI SHETTY, RESIDING AT KUKKAR HOUSE, MANGALPADY VILLAGE KASARAGOD TALUK, P.O. MANGALAPADY, VIA. UPPALA.

UMAVATHI R. SEMITHA, W/O. B.R. SEMITHA RESIDING AT ARYA SAMAJA ROAD, MANGALORE KASBA VILLAGE MANGALORE TALUK, P.O. MANGALORE-2, D.K.

JYOTHI.N. ADYANTHAYA, W/O. B.N. ADYANTHAYA, RESIDING AT SHELTER HOUSE, 1374

MAGADI C. ROAD, BANGALORE -40, KARNATAKA STATE.

DR. K. CHANDRASEKARA SHETTY, S/O. BHAGEERATHI SHETTY, RESIDING AT MUTTIKALLY HOUSE, NEAR KALLIMAR BRIDGE, PUTTUR TALUK, P.O. PUTTUR.

K. JAGADISHA SHETTY, S/O BHAGEERATHI SHETTY, RESIDING AT RATNA PRABHA SOCIETY

NER SUBAS PARK, BARODA, P.O. BARODA, GUJARAT STATE.

AS.No. 330 of 2002

:: 2 ::

SHOBHALATHA R. SHETTY, D/O. RATNAKARA SHETTY, RESIDING AT 791-7TH CROSS, II MAIN WATER TANK ROAD, BANGALORE P.O.

K. SRINATHA SHETTY, C/O. B.N.ADYANTHAYA RESIDING AT SHELTER HOUSE, 1374 MAGADI C. ROAD P.O. BANGALORE-40, KARNATAKA STATE.

GEETHA R. SHETTY, W/O. RAMESH SHETTY, RESIDING AT ARANTHADY HOUSE BALAPUNI VILLAGE AND POST, BANTWAL TALUK.

RAJASHEKARA RAI, S/O. NARAYANA RAI, RESIDING AT HENRY VILLIUM LAND OPPOSITE TO PETROL PUMP, KADRI, MANGALORE TALUK. (It is recorded that 9^th respondent is deleted from the party array as per order dated 2.6.2015 in I.A.954/12)

BHARATHI P. SHETTY, W/O. PRAKASH SHETTY, RESIDING AT ADKA GUTHU HOUSE, KOTAKKAR VILLAGE AND POST, MANGALORE TALUK.

H. SHIVAPRASAD RAI, S/O. NARAYANA RAI, RESIDING AT BANASHANKARI 2ND STAGE, K.R. ROAD POST BOX NO.7099, BANGALORE-560 070.

RAMAPRASAD SAMITHA, S/O. UMAVATHI, ADVOCATE, RESIDING AT 791, 7TH CROSS 2ND MAIN, WATER TANK ROAD, BANGALORE.

SHAILESH SAMITHA, S/O. UMAVATHI, RESIDING AT 15/130 ARYASAMAJA ROAD, MANGALORE-2, MANGALORE TALUK.

SARITHA, W/O. BHAGAVATHI PRASAD SHETTY, RESIDING AT 9 KANIYA, 10TH ROAD, KHAR (WEST) BOMBAY.

NEETHA, D/O. JYOTHI N. ADYANATHAYA, RESIDING AT SHELTER HOUSE, 1734, MAGADI CHORD ROAD, BANGALORE-40.

R,R1 BY ADV. SRI.K.G.GOURI SANKAR RAI

THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 02-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

In this appeal filed way back in 2002, notice on respondents 5,6,7,11,12 and 15 still remains unserved. Despite various opportunities, defect is not cured till date. Therefore, the appeal is dismissed for non prosecution.

Sd/- ANTONY DOMINIC, JUDGE

Sd/- A.HARIPRASAD, JUDGE

ANTONY DOMINIC & A.HARIPRASAD, JJ.

A.S.No. 330 of 2002

J U D G M E N T

2ND FEBRUARY 2016

A.HARIPRASAD

CNR

KLHC010004892002

Topic

Civil Procedure and Limitation

Bench

A.hariprasad Antony Dominic

Disposal

DISMISSED

Vanaja and Others Vs Vijayalakshmi and Others

2 Feb 2016

T.C.Vrinda Vs T.R.Sanjay

2 Feb 2016