The court dismissed the second regular appeal for non-prosecution after learning counsel for the appellant submitted that there was no response to a letter sent to the appellant's address. Pending interlocutory applications were also dismissed.
Second regular appeal dismissed for non-prosecution; pending interlocutory applications dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939
RSA.No. 128 of 2009
AGAINST THE JUDGMENT & DECREE DATED 19.3.2008 IN AS 343/2001 of ADDITIONAL DISTRICT COURT (SPL. COURT), KOTTAYAM
AGAINST THE JUDGMENT & DECREE DATED 25.8.2001 IN OS 241/1999 of MUNSIFF COURT, VAIKOM
APPELLANT/RESPONDENT/PLAINTIFF:
MANIYAN @ MANI, AGED 55, RESIDING AT MAMPALLIYIL VEETTIL, MEVELLOOR KARA, VELLOOR VILLAGE, VAIKOM TALUK.
BY ADV.SRI.P.VISWANATHAN
RESPONDENTS/APPELLANTS/DEFENDANTS::
1. PAUL @ POULOSE, AGED 50, S/O.THOMAS,
2. BIJU, AGED 28, S/O.PAUL, RESIDING AT IKKARAKANDAM COLONY, MEVELLOOR KARA, VELLOOR VILLAGE,
3. SHIJU, AGED 26, RESIDING AT
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. HARIPRASAD, J.
------------------------------R.S.A.No.128 of 2009
---------------------------------------------Dated this the 6th day of February, 2018
JUDGMENT
Learned counsel for the appellant submitted that in spite of sending letter in the address of the appellant, there is no response. matter comes up in the defect list. The appeal is of the year 2009. The appeal lies defective for a long time. Hence, the appeal is dismissed for nonprosecution.
All pending interlocutory applications will stand dismissed.
Sd/- A. HARIPRASAD JUDGE
JV
Maniyam@Mani
Paul@Puloose
Biju
Shiju
A. Hariprasad
As recorded by the court registry
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