The High Court of Kerala at Ernakulam dismissed Writ Petition (Civil) No. 6238 of 2011 for non-prosecution. The petitioner failed to appear despite advance notice, leading the Court to presume lack of inclination to pursue the case.
Petition dismissed for non-prosecution due to petitioner's failure to appear.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 7TH DAY OF APRIL 2017/17TH CHAITHRA, 1939
WP(C).No. 6238 of 2011 (D)
PETITIONER:
PRETHIKUMAR, S/O.SIVARAJAN, AGED 42 YEARS, RESIDING AT KALATHIL VEEDU, T.C.43/471, KAMALESWARAM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.AYYAPPAN SANKAR
RESPONDENT:
M.KRISHNAN NAIR, S/O.MADHAVAN PILLAI, AGED 80 YEARS, RESIDING AT TC 37/186 AND 187, PADMANAGAR, FORT, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM 695 008.
R BY ADV. SMT.K.N.RAJANI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dama Seshadri Naidu, J.
WPC No.6238 of 2011
Dated this the 7th day of April, 2017
JUDGMENT
None appears for the petitioner. The record reveals that this
Court ordered notice on 28.2.2011. Well in advance, this Court has notified that the matter would be taken up today, the petitioner has not chosen to appear before the Court to prosecute the case. This Court accordingly holds that the petitioner may not be inclined to pursue the writ petition. As a result, the writ petition is dismissed for non-prosecution.
Sd/- Dama Seshadri Naidu, Judge
css/ true copy
P.S.TO JUDGE
2 issues framed by the court
Whether the writ petition should be proceeded with absent the petitioner.
Whether the writ petition shall be dismissed for non-prosecution.
Prethikumar, S/O.Sivaranjan
M.Krishnan Nair, S/O.Madhavan Pillai
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
