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Balakrishnan Vs Renuka and Others — Civil Procedure and Limitation | Kerala HC (2018)

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Balakrishnan Vs Renuka and OthersBalakrishnan v. Renuka and Others

Dismissed

Balakrishnan v. Renuka and Others

Kerala HC23 Nov 2018RSA/1158/2006

Case brief

AI extract

What is this about?

The appeal was dismissed for non-prosecution as the appellant failed to appear and no steps were taken in spite of prior directions.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940

RSA.No. 1158 of 2006

AGAINST THE JUDGEMENT AND DECREE DATED 13-03-2006 IN AS 26/2005 of II ADDL. DISTRICT COURT, KOZHIKODE

AGAINST THE JUDGMENT AND JUDGMENT DATED 08-12-2004 IN OS 174/2000 of ADDL.MUNSIFF COURT, KOZHIKODE

APPELLANT/APPELLANT/PLAINTIFF:

BALAKRISHNAN, AGED 70 YEARS,

S/O.UNNIKUTTY, PARIYAPURATH, VELIPRAM AMSOM AND DESOM, KOZHIKODE THALUK.

BY ADVS. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH

Parties & counsel

AI extract

appellant
BALAKRISHNAN
respondent
RENUKA
respondent
MADHAVIKUTTY
respondent
GANESAN
respondent
NARAYANANKUTTY

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 23 Nov 2018 · November
Registered: 11 Sept 2006
Case no.: RSA/1158/2006

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Cite this judgement

Balakrishnan v. Renuka and Others, RSA/1158/2006 (KL), decided on 23 November 2018.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P. SOMARAJAN

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for non-prosecution. The appellant and his counsel were absent, no representation was made, and no steps were taken against the respondents despite previous directions, leaving the court with no option but to dismiss the appeal.

A compact analysis

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.

RESPONDENTS/RESPONDENTS/DEFENDATNS:

1 RENUKA, AGED 69 YEARS, D/O SANKARA MENON, SANKARI, KIZHAKKE ILLOM, VELIPRAM AMSON AND DESOM, KOZHIKODE THALUK.

2 MADHAVIKUTTY, AGED 60 YEARS D/O.SANKARA MENON, SANKARI, KIZHAKKE ILLOM, VELIPRAM AMSON AND DESOM, KOZHIKODE THALUK.

3 GANESAN, AGED 55 YEARS S/O.SANKARA MENON, SANKARI, KIZHAKKE ILLOM, VELIPRAM AMSON AND DESOM, KOZHIKODE THALUK.

4 NARAYANANKUTTY, AGED 45 YEARS D/O.SANKARA MENON, SANKARI, KIZHAKKE ILLOM, VELIPRAM AMSON AND DESOM, KOZHIKODE THALUK.

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RSA.No. 1158 of 2006 2

JUDGMENT

The appellant and the counsel called absent, and there was no representation. No steps were taken against R1 to R4 in spite of the direction issued by this court. No draft publication was produced and no steps were taken as ordered by this Court on 06/07/2012. Hence, this court has no other option, but to dismiss the appeal for non prosecution.

Appeal is dismissed for non prosecution.

Sd/-

P.SOMARAJAN JUDGE

msp

//TRUE COPY//

P.A. TO JUDGE

Coram

AI extract

P. SOMARAJAN

CNR

KLHC010322222006

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON PROSECUTION

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