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Mary Kutty Vs Sadasivan — Civil Procedure and Limitation | Kerala HC (2016)

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Kerala HC
2016
Mary Kutty Vs SadasivanMary Kutty v. Sadasivan

Dismissed

Mary Kutty v. Sadasivan

Kerala HC18 Feb 2016RFA/36/2006

Case brief

AI extract

What is this about?

This appeal was dismissed for non-prosecution as the process remitted to the appellant had not been completed by the date of hearing.

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

THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

RFA.No. 36 of 2006

AGAINST THE JUDGMENT IN OS 973/1994 of PRL.SUB COURT, THRISSUR DATED 12-09-2001

APPELLANTS/PETITIONERS:

MARY KUTTY, W/O.P.P.GEORGE, POOTHULLI HOUSE, VANIAMPARA.P.O, THRISSUR DISTRICT.

T.C.CHACKO, S/O.CHACKO, THEKKEPUTHENPURAYIL HOUSE, VANIAMPARA.P.O THRISSUR DISTRICT.

P.P.MATHEW, S/O.P.V.PAILY, POOTHULLI HOUSE, VANIAMPARA.P.O, THRISSUR DISTRICT.

Parties & counsel

AI extract

appellant
Mary Kutty
appellant
T.C.Chacko
appellant
P.P.Mathew
respondent
Sadasiavan
respondent
Dr.Sivanjanavally
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 18 Feb 2016 · February
Registered: 18 Nov 2004
Case no.: RFA/36/2006

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Cite this judgement

Mary Kutty v. Sadasivan, RFA/36/2006 (KL), decided on 18 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

Dismissed

Detailed headnote1 paragraphs

This appeal was dismissed for non-prosecution as the process remitted to the appellant had not been completed by the date of hearing.

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.

BY ADVS.SRI.P.R.VENKETESH

SRI.ASHA CHACKO

RESPONDENTS/PLAINTIFFS AND DEFENDANTS 1 TO 4, 6, 8, 9 AND 12 TO 17:

SADASIVAN, S/O.PAMBUMKATTIL LATE KRISHNAN, REPRESENTED BY HIS WIFE KASTHURBAI HIGH SCHOOL HEAD MISTRESS, CHERUTHURUTHY VILLAGE AND AMSOM.

DR.SIVANJANAVALLY, W/O.KALIPARAYATH RAMACHANDRA MENON, KOTTAKKEL VILLAGE AND DESOM ERANAD TALUK.

SOWDHAMINI, W/O.LATE PAMBUMKATTIL SANKARAN, PATTIKKAD DESOM, PANANCHERRY VILLAGE THRISSUR TALUK.

NIRMAL THAMBAN, S/O.LATE SANKARAN, PATTIKKAD DESOM, PANANCHERRY VILLAGE, THRISSUR TALUK.

AKANATHAN, S/O.LATE SANKARAN, PATTIKKAD DESOM, PANANCHERRY VILLAGE, THRISSUR TALUK.

BESSY RANI, D/O.LATE SANKARAN, PATTIKKAD DESOM, PANANCHERRY VILLAGE, THRISSUR TALUK.

SUBASH CHANDRAN, S/O.KANDUNNY, THOKKUMKATTIL, VANIYAPARA DESOM, PEECHI VILLAGE, THRISSUR TALUK.

SANTHA BAI, W/O.LATE PAMBUMKATTIL MADHAVAN, VALAPPAD VILLAGE AND DESOM, CHAVAKKAD TALUK.

RFA.No. 36 of 2006

:: 2 ::

THANKA, W/O.MENOTHUPARAMBIL MADHAVAN, PERINGOTTUKARA DESOM, KIZHAKKUMMURI VILLAGE.

SIVARAMAN, S/O THOPPIL VELANDY, THRIPPAKULAM, (DELETED) NEAR MISSION HOSPITAL, THRISSUR VILLAGE AND TALUK.

DEVAKY, D/O THOPPIL VELANDI, THRIPPAKULAM, (DELETED) NEAR MISSION HOSPITAL, THRISSUR VILLAGE AND TALUK. 12. OMANA, D/O KALYANI, SAI GEETHA HOUSE, (DELETED) ANCHERRY VILLAGE AND DESOM, THRISSUR TALUK. (RESPONDENTS 10 TO 12 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS VIDE ORDER DATED 15.12.2005 IN I.A.4005/05)

UNNIKRISHNAN, S/O.KALYANI, SAI GEETHA HOUSE, ANCHERRY VILLAGE AND DESOM THRISSUR TALUK.

PADMAVATHY, D/O.KALYANI, SAI GEETHA HOUSE, ANCHERRY VILLAGE AND DESOM THRISSUR TALUK.

RAMACHANDRAN, S/O.KALYANI, SAI GEETHA HOUSE, ANCHERRY VILLAGE AND DESOM THRISSUR TALUK. R1 BY ADV. SRI.RENJITH THAMPAN R3 TO R8 BY ADV. SMT.G.SUMA

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & A.HARIPRASAD, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

R.F.A.No.36 of 2006

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18^th day of February, 2016

JUDGMENT

Antony Dominic, J.

Though this appeal was admitted on 27.1.2006, process is not seen

remitted till date. For that reason, the appeal is dismissed for nonprosecution.

Sd/-

ANTONY DOMINIC JUDGE

Sd/-

A.HARIPRASAD

JUDGE

jes

Sowdhmini

Coram

AI extract

Antony Dominic
A.Hariprasad

CNR

KLHC010290392006

Topic

Civil Procedure and Limitation

Bench

A.hariprasad Antony Dominic

Disposal

DISMISSED

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