This appeal was dismissed for non-prosecution. The High Court held that the process served was defective and, despite being given two opportunities to cure the defect, the appellant failed to do so.
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. 371 of 2003 ( )
AGAINST THE JUDGMENT AND DECREE IN OS NO.626/1994 of I ADDL.SUB COURT, THIRUVANANTHAPURAM DATED 31-07-2002
APPELLANT(S)/PLAINTIFF:
B.VIJAYALEKSHMI AMMA, D/O.BHAGAVATHY KUTTY AMMA, 'DWARAKA', PLAMMOODU JUNCTION, PATTOM PALACE P.O., THIRUVANANTHAPURAM, REP. BY HER POWER OF ATTORNEY HOLDER S.SUKESH , S/O.V.S.PILLAI, ADVOCATE,
R/O. DWARAKA, PLAMOOD, PATTOM, THIRUVANANTHAPURAM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENT(S)/DEFENDANTS 2 TO 11:
RFA NO.371/2003
2
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.371 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 on 05.12.2003. Process was defective and despite opportunity is given twice, the defect has not been cured. Therefore, this appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
ANTONY DOMINIC, JUDGE.
A. HARIPRASAD, JUDGE.
cks
ANTONY DOMINIC & A.HARIPRASAD, JJ.
R.F.A.No.371 of 2003
JUDGMENT
11th March, 2016
1 issue framed by the court
Whether the appeal should be allowed despite defective process and lack of prosecution.
B.VIJAYALEKSHMI AMMA
P.PADMAKUMAR
RAJKUMAR
CHRISTOPHER NAIR
RAVIKUMAR
SASIKUMAR
ANTONY DOMINIC
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
