The High Court of Kerala dismissed a regular second appeal for non-prosecution as no representation was filed on the day of hearing. Pending interlocutory applications were also dismissed.
Appeal dismissed for non-prosecution; 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
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939
RSA.No. 1313 of 2005
AGAINST THE JUDGMENT & DECREE DATED 15-07-2005 IN AS 108/1997 of DISTRICT COURT, PATHANAMTHITTA
AGAINST THE JUDGMENT & DECREE DATED 31.7.1997 IN OS 104/1995 of MUSNIFF COURT,ADOOR
APPELLANT/RESPONDENT/PLAINTIFF:
MUHAMMED SAHIB ALIAS ESUMAL, KOZHISSERIL VADAKKETHIL FROM KOZHISSERIL, PAZHAKULAM PADINJATHIN MURI, PALLICKAL VILLAGE, ADOOR TALUK.
BY ADV.SRI.A.SHAFEEK
RESPONDENTS/APPELLANT/3RD RESPONDENT/LEGAL HEIRS OF 2ND RESPONDENT/DEFENDANTS:
1. SUHARA BEEVI, ANZARI MANZIL, PAZHAKULAM PADINJARE MURI,,
PALLIKAL VILLAGE, ADOOR TALUK
2. HAJARUMMAL, VALLIVILA PADINJATTETHIL ATHIKATTUKULANGARA MURI, PALAMEL VILLAGE, MAVELIKARA TALUK.
3. SHAMSUDIN, NELLIVELAKIZHAKETHIL, PASHAKULAM PADINJATTETHIL, PALLIKAL VILLAGE
4. RAJAN, KANJIRAVILLAPADINJALETHIL VEEDU,
EZHAMKULAM VILLAGE, VIA. ADOOR.
5. NABEEZATHU, W/O. BASHEER, KUTANJIL PADILLATHIL, PORUVAZHI P.O.,, BHARANIKAVU, SASTHAMKOTTA.
6. SALIYATHU, W/O. ABDUL SALAM, KALLUVILAYIL VEEDU, THAMARAKULAM P.O.,, VIA. NOORANADU.
R1 BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. HARIPRASAD, J.
------------------------------R.S.A.No.1313 of 2005
---------------------------------------------Dated this the 15th day of February, 2018
JUDGMENT
Matter came up on 30.01.2018. There was no representation on that day. Today also, there is no representation. Steps have not been taken so far. The appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
Sd/- A. HARIPRASAD JUDGE
JV
Muhammed Saib alias Esamal
Suhara Beevi
Hajarummal
Shamsudin
Rajan
Nabeezathu
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
