The High Court at Ernakulam dismissed a regular second appeal for non-prosecution. The appellants failed to take steps to cure procedural defects within the prescribed time limit and offered no explanation. Pending interlocutory applications were also dismissed.
Second appeal dismissed for non-prosecution; pending interlocutory applications dismissed.
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 A.HARIPRASAD
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
RSA.No. 1164 of 2009
AGAINST THE JUDGMENT & DECREE DATED 29-09-2009 IN AS 82/2003 of III ADDITIONAL DISTRICT COURT, TRIVANDRUM
AGAINST THE JUDGMENT & DECREE DATED 30-01-2003 IN OS 635/1996 of I ADDITIONAL SUB COURT,TRIVANDRUM
APPELLANTS/APPELLANTS/PLAINTIFFS
RSA.No. 1164 of 2009
2
| 11 |
LEENA, AGED 33 YEARS, D/O. GOPI, RESIDING AT LEENA BHAVAN, CHERUVAIKKAL VILLAGE. |
|---|---|
| 12 |
M.L. BABU, AGED 30 YEARS, S/O. LEELA, RESIDING AT CHERIVATTIKONAM. |
| 13 RESP |
ANILKUMAR, AGED 28 YEARS, S/O. LEELA, RESIDING AT CHERIVATTIKONAM. BY ADVS.SMT.K.KUSUMAM SMT. PRABHAKUMARI ONDENTS/RESPONDENTS/DEFENDANTS: |
| 1. |
B.G. MARTIN @ RANA,28 A IST FLOOR, JATAN TUN MOHD FUND DUA, TAMAN TUN, DR. ISMAIL, KOLALAMPUR (DIED). |
| 2. |
GOPI MARTIN @ MONI, 28 A IST FLOOR, JATAN TUN MOHD FUND DUA, TAMAN TUN, DR. ISMAIL,, KOLALAMPUR. |
| 3. |
GOPINADHAN, S/O. RAGHAVAN, AGED 72 YEARS, RESIDING AT VALIYAVEEDU,, ANACODE, KOYUTHOORKONAM, THONNACKAL, P.O., THIRUVANANTHAPURAM. |
| 4. |
ANILKUMAR, AGED 40 YEARS, S/O. SWARANAPPAN P.B. NO. 41404,, RIYANAL - 11521, K.S.A., RESIDING AT CHERUVATTIKONAM,, CHERUVAICKAL. |
| 5. |
AJITHKUMAR, AGED 38, SWARANAPPAN NO. 37868 RPH MP P.I., ADMOCY, 3 AWGAM RIFLES C/O. 56 APW, RESIDING AT CHERUVATTIKONAM,, CHERUVAICKAL. |
| ADDL |
.R6.THOMAS MARTIN, S/O. ANNAMMA MARTIN AGED 49, RESIDING AT MARTIN DALE NEAR EXCISE OFFICE, KAZHAKUTTOM, FROM KRIPA NILAYAM,, RATTER BOARD, PUTHUPALLY, KOTTAYAM. |
| R7. |
GETERUDE MARTIN, S/O. ANNAMMA MARTIN, AGED 39, RESIDING AT MARTIN DALE NEAR EXCISE OFFICE KAZHAKUTTOM, FROM KIRPA NILAYAM, RATTER BOARD, PUTHUPALLY, KOTTAYAM. |
| R8. |
AGNUS MARTIN, D/O. ANNAMMA MARTIN, AGED 44, RESIDING AT MARTIN DALE NEAR EXCISE OFFICE KAZHAKUTTOM, FROM KIRPA NILAYAM, RATTER BOARD, PUTHUPALLY, KOTTAYAM. |
| R9. |
GLADIS JAMES (DOLLY), RESIDING AT MARTIN DALE, VALIYATHOPPE,, THIRUVANANTHAPURAM. |
| R10. | ANI DAINA JOSEPH ALIAS |
| OMANA, 588, EAST MANYPALLY,, SECUNDRABAD 500 325 |
RSA.No. 1164 of 2009
3
[ADDITIONAL RESPONDENTS 6 TO 18 ARE IMPLEADED AS PER ORDER IN IA 1828/97 DATED 26.3.98]
SRI.M.BALAGOVINDAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. HARIPRASAD, J.
R.S.A.No.1164 of 2009
Dated this the 21st day of February, 2018
JUDGMENT
On 30.01.2018, the matter came up in the defect list. Ten days' time had been given for curing the defect. Steps have not been taken for curing the defect. No representation. The appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
SD/-
A. HARIPRASAD JUDGE
JV
Appellants/Plaintiffs
Respondents/Defendants
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
