A Regular Second Appeal was dismissed for default as the appellants failed to appear and no representation was made despite previous notices.
The appeal was dismissed for default due to non-appearance of the appellants and lack of representation.
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 B.KEMAL PASHA
MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939
RSA.No. 835 of 2004 (G)
AGAINST THE JUDGMENT AND DECREE DATED 07-01-2004 IN AS 102/1995 of SUB COURT, TIRUR
AGAINST THE JUDGMENT AND DECREE DATED 30-03-1995 IN OS 300/1992 of MUNSIFF COURT, PARAPPANANGADI
APPELLANTS IN RSA/RESPONDENTS 1 TO 4 AND 6 TO 10 IN THE LOWER APPELLATE COURT/PLAINTIFFS 1 TO 4 AND 6 TO 10 IN SUIT:
1. BALAKRISHNAN, S/O.PUTHUKKATTIL AYYAPPAN, RESIDING AT THENHIPALAM AMSOM, DESOM, TIRUR TALUK.
2. RAJAN, S/O. DO. IN DO. DO.
3. VASU, S/O. DO. IN DO. DO.
4. KRISHNAN, S/O. DO IN DO. DO.
5. SREEMATHI, D/O. DO. IN DO. DO.
6. KARTHIAYANI, D/O. DO. IN DO. DO.
7. UNNOOLI, W/O. DO. IN DO. DO.
8. PUTHUKKATTIL SIVAPRASAD, S/O. UNICHUNDAN, IN DO. DO.
9. PREMI, W/O.PUTHUKKATTIL UNICHUNDAN, IN DO. DO.
RSA.No. 835 of 2004 (G)
BY ADVS.SRI.S.V.BALAKRISHNA IYER (SENIOR)
SRI.K.JAYAKUMAR (SENIOR) SRI.HARISH R. MENON SRI.M.K.SREEGESH
RESPONDENTS 1 TO 3 IN RSA/APPELLANTS IN THE LOWER APPELLATE COURT/DEFENDANTS IN THE SUIT/RESPONDENT NO.4 IN RSA/RESPONDENT NO.5 IN THE LOWER APPELLATE COURT/PLAINTIFF NO.5 IN SUIT:
1. PUTHUKKATTIL APPUTTY ALIAS KARIKUTTY, (DIED) S/O.CHAYICHAN, RESIDING AT THENHIPALAM AMSOM DESOM, TIRUR TALUK.
2. PUTHUKKATTIL BALAKRISHNAN, S/O. DO. IN DO. DO.
3. PUTHUKKATTIL HARIDASAN, S/O. DO. IN DO. DO.
4. DINESAN, S/O.PUTHUKKATTIL AYYAPPAN, RESIDING AT THENHIPALAM AMSOM DESOM, TIRUR TALUK.
R2 & R3 BY ADV. SRI.K.M.SATHYANATHA MENON
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
B. KEMAL PASHA, J
==============
R.S.A.No.835 of 2004
===============
Dated this the 5th day of June, 2017
J U D G M E N T
No representation for the appellants. No
steps have been taken. Last time also there was no representation for the appellants. This Regular
Second Appeal is dismissed for default.
Sd/-
B. KEMAL PASHA
JUDGE
DSV/5/6/17
// True Copy //
P.A. To Judge
BALAKRISHNAN
RAJAN
VASU
KRISHNAN
SREEMATHI
KARTHIAYANI
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
