Regular First Appeal dismissed as abated because one respondent died and no representation was filed over 11 years, compounded by the appellant's absence during the hearing.
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
THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937
RFA.No. 14 of 2005 (B)
AGAINST THE DECREE AND JUDGMENT IN OS 1004/1992 of ADDL.SUB COURT,KOTTAYAM DATED 31-03-2000
APPELLANT(S)/SECOND DEFENDANT IN O.S.1004/9:
MONCY, AGED 48 YEARS, S/O.FRANCIS, RESIDING AT NEDIYAKALAPARAMBIL VAZHAPALLY EAST VILLAGE VATTAPALLY, CHANGANACHERRY KOTTAYAM DISTRICT.
BY ADVS.SRI.P.RAVINDRA BABU
SRI.SURIN GEORGE IPE
RESPONDENT(S)/PLAINTIFF AND DEFENDANTS 1, 3 & 4 IN O.S. 1004/92:
VATAPALLY, CHANGANACHERRY, REPRESENTED BY ITS PARTNER, SRI.SAJAN GEORGE, AGED ABOUT 36 S/O.GEORGE, MALAYIL HOUSE, ELOOR VILLAGE ELOOR MURI, ERNAKULAM DISTRICT.
S/O.FRANCIS, RESIDING AT NEDIYAKALAPRAMBIL VAZHAPALLY EAST VILLAGE VATTAPALLY, CHANGANACHERRY KOTTAYAM DISTRICT.
RESIDING AT NEDIYAKALAPARAMBIL VAZHAPALLY EAST VILLAGE VATTAPALLY, CHANGANACHERRY KOTTAYAM DISTRICT.
R1 BY ADV. SRI.BABU KARUKAPADATH
R1 BY ADV. SMT.M.A.VAHEEDA BABU
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
R.F.A.No.14 of 2005
Dated this the 14th day of January, 2016
JUDGMENT
Antony Dominic, J.
Though the 2nd respondent expired as early as on 08.10.2004, no further action has been taken and as a result, the appeal has become abated. Besides that, there was no representation for the appellant when the appeal was taken up. Therefore, the appeal is dismissed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
2
Antony Dominic & A.Hariprasad, JJ.
R.F.A.No. 14 of 2005
JUDGMENT
14th January, 2016
1 issue framed by the court
Whether the appeal has abated due to the death of a respondent without representation and lack of appearance.
MONCY
M/S.TRADE INDIA INVESTMENTS
JOSE
GEORGE
ANTO
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
