The High Court of Kerala dismissed a regular second appeal for default. The appellants failed to cure defects in the second appeal even after time was granted to do so.
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 P.B.SURESH KUMAR
FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
RSA.No. 558 of 2008(G)
AGAINST THE JUDGMENT & DECREE IN AS.151/2004 of DISTRICT COURT, THALASSERY AGAINST THE JUDGMENT & DECREE IN OS.447/2001 of PRINCIPAL MUNSIFF COURT, KANNUR
APPELLANTS/RESPONDENTS 2 TO 5/DEFENDANTS 2 TO 5 :
1. N. SHYAMALA, D/O ANANDAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
2. N. PREMAN, S/O ANANDAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
3. N.SANTHOSH, S/O ANANDAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
4. N.SUBHA, D/O ANANDAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
BY ADVS.SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.VINEETH KURIAKOSE
RSA.No. 558 of 2008
RESPONDENTS/RESPONDENT NO.6 & APPELLANTS / PLAINTIFFS :
1. N.M. PAVITHRAN, S/O RAGHAVAN, AALI LINE, PALLIPRAM, VALIYANNUR AMSOM VARAM DESOM, P.O. MUNDAYAD, KANNUR TALUK.
2. P. SUMA, D/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
3. P.VINODAN, S/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
4. P.SEENA, D/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
5. P.SEEMA, D/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
6. P.SUJITH, S/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
7. P.SANDEEP, S/O ACHUTHAN, NALLANHI HOUSE, NEAR HOMEOPATHY HOSPITAL, KAKKAD ROAD, KANNUR – II AMSOM, PUZHATHI DESOM.
R3, R4 & R6 BY ADVS.SRI.B.KRISHNAN
SRI.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL 20.7.2018
P.B.SURESH KUMAR, J.
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R.S.A.No.558 of 2008
--------------------------------------------------------------Dated this the 6th day of July, 2018
JUDGMENT
Though time has been granted to the appellants
to cure the defects noted on the second appeal, defects are yet to be cured.
The second appeal, in the circumstances, is dismissed for default.
Sd/- P.B.SURESH KUMAR JUDGE
rsr
N. Shyamala
N. Preman
N. Santhosh
N. Subha
N. M. Pavithran
P. Suma
P. B. Suresh Kumar
Sri Parthasarathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
