The High Court dismissed the appeal for non-prosecution as process for interlocutory applications had not been remitted despite notices issued in 2014. Pending applications were also dismissed.
The appeal was dismissed for non-prosecution; all pending interlocutory applications were 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
FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937
RFA.No. 255 of 2003 ( )
AGAINST THE JUDGMENT AND DECREE IN OS NO.140/1997 of II ADDL.SUB COURT, KOZHIKODE DATED 30-01-2002
APPELLANT(S)/3RD DEFENDANT:
K.BHASKARAN NAIR, 'PRARTHANA', THIRUVANGAD P.O., THALASSERY
BY ADVS.SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR
SRI.M.KRISHNAKUMAR
RESPONDENT(S)/PLAINTIFF & DEFENDANTS 1, 2 & 4 TO 7:
RFA NO.255/2003
2
*ADDL.RESPONDENT IMPLEADED:
IT IS RECORDED THAT R4 DIED AND
ADDL.R8:R.RUGMINI, AGED 60 YEARS, W/O.LATE C.M.GANGADHARAN, ROOPKALA, RAROTH, MUNCHUKUNNU P.O., KOYILANDY, KOZHIKODE DIST.
THE LEGAL REPRESENTATIVE OF DECEASED R4 IS IMPLEADED AS ADDL.R8 AS PER ORDER DATED 15.01.2013 IN IA 60/2013 IN RFA 70/2005.
R3 BY ADV. SRI.P.M.MOHAMED ALI
R3 BY ADV. SRI.MAT.PAI
R5 BY ADV. SRI.T.R.RAVI
R1 BY ADV. SRI.P.A.AUGUSTINE
R7 BY ADV. SRI.S.RADHAKRISHNAN,STANDING COUNSEL FOR LAKSHADWEEP ADMN.
R6 BY N.NAGARESH, ASST. SOLICITOR GENERAL R8 BY ADV. P.V. KUNHIKRISHNAN
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
R.F.A.No.255 of 2003
Dated this the 11th day of March, 2016
JUDGMENT
Antony Dominic, J.
In this appeal, filed in the year 2003, notice was ordered in I.A.Nos.2659 to 2662 of 2014 and C.M.Appln. Nos.615 and 616 of 2014 on 18.12.2014. Till date process has not been remitted for the same. Under such circumstances, the appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
R.F.A.No.255/2003
2
The appellant in R.F.A. 255/2003 having instituted the appeal as indigent, the court fee payable shall be recovered as provided in the provisions in the Code of Civil Procedure. (vide order dated 11/03/2016 in R.F.A. 255/2003.
Sd/Registrar (Judicial)
ANTONY DOMINIC & A.HARIPRASAD, JJ.
R.F.A.No.255 of 2003
JUDGMENT
11th March, 2016
1 issue framed by the court
Whether the appeal should be maintained in the absence of prosecution and remittal of process for pending interlocutory applications.
K.BHASKARAN NAIR
THE LAKSHADWEEP CO-OPERATIVE MARKETTING FEDERATION LTD.
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
