This court dismissed the second appeal on the day of hearing for non-prosecution. The counsel for appellants admitted non-response to correspondence and expressed inability to argue, leading to the court's conclusion that appellants had no interest in prosecuting the appeal.
The second appeal was dismissed for non-prosecution.
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 K.HARILAL
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
SA.No. 158 of 2001 (B)
AGAINST THE JUDGMENT & DECREE IN AS 62/1995 of ADDL. DISTRICT COURT, ALAPPUZHA DATED 28-2-2000
AGAINST THE JUDGMENT & DECREE OS 170/1994 of ADDL.MUNSIFF COURT, ALAPPUZHA
APPELLANTS/RESPONDENTS/DEFENDANTS:
(AS PER ORDER DT.20.8.10 IN MEMO DT.5/8/10 VIDE CF 4674/10 THE 1ST APPELLANT IS NO MORE AND APPELLANT NOS.2 TO 4 ARE RECORDED AS LEGAL REPRESENTATIVES OF DECEASED APPELLANT NO.1)
BY ADV. SRI.A.KRISHNAN
RESPONDENT(S)/APPELLANTS/PLAINTIFFS:
............2
SA.No. 158 of 2001 (B)
2
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OKB
K.HARILAL, J.
S.A. No.158 of 2001
Dated this the 21st day of December, 2016
JUDGMENT
~ ~ ~ ~ ~
The learned counsel for the appellants submits that
the letter sent to the first appellant returned stating that he is no more. Earlier, he had sent letters to all the appellants seeking instruction; but, there was no response from any of the appellants. Since long years had been elapsed after the filing of this second appeal, he wants instruction from the appellants and today he is unable to argue the Appeal on merits.
In view of the above submissions, it could be
reasonably presumed that the appellants are not interested to prosecute the appeal. Hence this second appeal will stand dismissed for non-prosecution.
Sd/-
K.HARILAL, Judge.
okb
GOVINDAN PAPPAN, LRS
HYMAVATHY
MINIMOL
VIJIMOL
MEENAKSHY
SARASAMMA
K.HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
