This appeal was dismissed for non-prosecution. The appellant alleged lack of instructions from his client and non-impleadment of deceased legal heirs, but the court cited non-appearance as the primary ground for dismissal.
The appeal was dismissed for non-prosecution.
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
WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937
A.S.No. 550 of 2000 (C)
(Against judgment dated 9.3.2000 in O.S.492/1991 of the Sub Court, Palakkad) APPELLANT/1ST DEFENDANT:
C.H.PADMANABHAN, AGED 56 YEARS, S/O C.P.HARIHARA IYER, DOOR NO.1/547, CHATHAPURAM AGRAHARAM, PUTHUR AMSOM PALAKKAD TOWN, PALAKKAD TALUK & PALAKKAD DISTRICT.
BY ADVS.SRI.N.SUKUMARAN SRI.S.ANANTHASUBRAMANIAN
SRI.S.SHYAM
RESPONDENTS/PLAINTIFFS 1 TO 5/DEFENDANTS 6 TO 10 (D2 & D3 DIED) (D4 & D5 UNNECESSARY FOR THE APPEAL):
R1 TO R5 BY ADV. SRI.S.ANANTHAKRISHNAN R1 TO R5 BY ADV. SRI.N.K.SUBRAMANIAN R6 BY ADV. SRI.K.PRABHAKARAN R9 BY ADV. SRI.T.C.SURESH MENON R9 BY ADV. SRI.P.S.APPU
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 02-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
JUDGMENT
2nd MARCH 2016
ANTONY DOMINIC & A.HARIPRASAD, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A.S.No.550 of 2000
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2016
JUDGMENT
Antony Dominic, J.
Counsel for the appellant submits that there is no instructions from
his client even after sending a registered letter. No steps have been taken to implead the legal heirs of respondent No.8, who is reported to have expired on 10.6.2013. Under such circumstances, the appeal is dismissed for non prosecution.
Sd/- ANTONY DOMINIC JUDGE
Sd/-
A.HARIPRASAD
JUDGE
jes
1 issue framed by the court
Whether the appeal should be allowed due to lack of instructions from the client after seeking them via registered letter.
C.H.PADMANABHAN
C.P.HARIHARAN
C.P.BALAKRISHNAN
KUMARI C.P.PARVATHY
KUMARI C.P.RUGMNIN
K.R.SAVITHRI
ANTONY DOMINIC
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
