High Court of Kerala dismissed the matrimonial appeal by default due to non-appearance of the appellant after a ten-year delay in hearing, holding no further adjournment was warranted.
Appeal dismissed on default.
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
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
Mat.Appeal.No. 121 of 2007
AGAINST THE ORDER/JUDGMENT IN OP 26/2005 OF FAMILY COURT, KASARAGOD DATED 18-01-2007
APPELLANT/PETITIONER
B.VISHALAKSHY AGED 35 YEARS, D/O.NARASIMHA UGRANI, RESIDING AT MASTHIGUDE, PALLIKKARA VILLAGE, P.O.PALLIKKARA, HOSDURG TALUK.
BY ADVS.SRI.C.K.SREEJITH M.SANTHOSH KUMAR
RESPONDENT/RESPONDENT:
K.SOORYAKANTH, AGED 41 YEARS, S/O.LATE KORAGAPPA, RESIDING AT BARIKKAD, CHITHARI VILLAGE, P.O.CHITHARI, HOSDURG TALUK.
BY ADV. SRI.T.K.VIPINDAS
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
vgd/02.03.18
K.HARILAL &
A.M.BABU, JJ.
=======================
Mat.Appeal.No.121 of 2007
======================= Dated this the 01st day of March, 2018
JUDGMENT
K.HARILAL, J.
When the case is taken for final hearing and disposal, there is no representation for the appellant. Considering the fact that this is an appeal filed in the year 2007 and ten years have been elapsed after filing the appeal, this Court is not inclined to adjourn the appeal to another day. The counsel for the respondent is present. In the above context, we are inclined to dismiss the appeal on default and we do so.
Sd/- K.HARILAL, JUDGE
Sd/-
A.M.BABU, JUDGE
//True copy//
vgd/02.03.18 PA To Judge
B.VISHALAKSHY
K.SOORYAKANTH
K.HARILAL
A.M.BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
