The High Court of Kerala dismissed the first appeal (FAO.No.115 of 2009) on 2nd March 2016 due to non-prosecution following the death of the first respondent and failure to cure procedural defects.
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
FAO.No. 115 of 2009
AGAINST THE ORDER IN I.A.785/08 in IND. O.P. 4/2008 of SUB COURT, PALA DATED 01-12-2008
APPELLANTS/PETITIONERS/PLAINTIFF:
BY ADV. SRI.J.OM PRAKASH
RESPONDENTS/COUNTER PETITIONERS/DEFENDANTS:
R,R4 BY ADV. SRI.T.A.SHAJI R,R1 BY ADV. SRI.J.HARIKUMAR R4 BY ADV. SRI.SUNIL CYRIAC, SC, DIST. CO-OP, BANK, KTM
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 02-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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F.A.O.No.115 of 2009
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Dated this the 2nd day of March, 2016
JUDGMENT
Antony Dominic, J.
In this appeal filed in the year 2009, death of the first respondent was recorded as early as on 5.6.2015 and the case was adjourned by three weeks. Thereafter, on 23.2.2016, when the case came up in the defect list,
it was adjourned to next week for curing the defect. Today when the case was called, there was no representation for the appellant and no steps have been taken to cure the defect. In view of this, the appeal is dismissed for non-prosecution.
Sd/-
ANTONY DOMINIC JUDGE
Sd/-
A.HARIPRASAD
JUDGE
jes
PUSHPA PRASEED
RAMAKRISHNAN
KULAKKATTIL FINANCIERS
PRASEED.K.C.
THE KOTTAYAM DISTRICT CO-OPERATIVE BANK
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
