The appeal was dismissed for non-prosecution as the appellant had received no instructions from the party. Pending interlocutory applications were also dismissed.
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
FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939
RSA.No. 820 of 2009(E)
AGAINST THE JUDGMENT AND DECREE DATED 31-03-2009 IN AS NO.19/1999 of SUB COURT, TIRUR AGAINST THE JUDGMENT AND DECREE DATED 23.12.1998 IN OS NO.315/1994 of MUNSIFF'S COURT, TIRUR
APPELLANT/1ST RESPONDENT IN A.S./1ST PLAINTIFF
DIED. ADDL.APPELLANTS 2 TO 7 IMPLEADED.
*SOLE APPELLANT DIED. ADDL.APPELLANTS 2 TO 7 IMPLEADED
ADDL.A2. AYSHA, W/O.LATE ABU HAJI, KIZHAKKEPPATT HOUSE, ATHAVANAD AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.
ADDL.A3. MOIDEENKUTTY, S/O.LATE ABU HAJI, DO- DO-
ADDL.A4. FATHIMA, D/O.LATE ABU HAJI, DO- DO-
ADDL.A5. MOHAMMED, S/O.LATE ABU HAJI, DO- DO-
ADDL.A6. MAMMY, S/O.LATE ABU HAJI, DO- DO-
ADDL.A7. KHAMARUNNISA, D/O.LATE ABU HAJI, DO- DO-
LEGAL HEIRS OF THE DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDL.APPELLANTS 2 TO 7 AS PER ORDER DTD.1/2/12 IN IA.285/12.
BY ADVS.SRI.K.RAMACHANDRAN
SRI.S.SREEDEV
RESPONDENTS/APPELLANTS & R2 TO R6 IN A.S./DEFENDANTS & 2ND PLAINTIFF:-
ATHAVANAD AMSOM DESOM, TIRUR TALUK,, MALAPPURAM DISTRICT.
RSA NO.820 OF 2009
2
R5,R6 & R8 BY ADV. SMT.R.MEERA R1-R2 BY ADV. SRI.K.A.SALIL NARAYANAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.HARIPRASAD, J.
R.S.A. No.820 of 2009
-------------------------------------Dated this the 23rd day of February, 2018
JUDGMENT
Learned counsel for the appellant submitted that no instruction
is received from the party. Matter comes up in the defect list. Hence the
appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
cks
Kizhakkeppat Abu Haji and others
Thayyil Saidalavi Haji and others
A. Hariprasad
As recorded by the court registry
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