The High Court of Kerala dismissed the regular second appeal for non-prosecution as the defect of non-payment of court fees was not cured within the given time. All pending interlocutory applications were also dismissed.
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
FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939
RSA.No. 859 of 2009 (B)
AGAINST THE JUDGMENT AND DECREE DATED 03-01-2009 IN AS NO.188/2007 of DISTRICT COURT,THIRUVANANTHAPURAM
AGAINST THE JUDGMENT AND DECREE DATED 26.05.2007 IN OS NO.612/2005 of PRINCIPAL SUB COURT,THIRUVANANTHAPURAM
APPELLANTS/APPELLANTS/PLAINTIFFS:-
1 D.DHARMARAJAN,S/O.LATE M.K.DAMODARAN, VASANTHA VILASOM,ARASUMOODU, KULATHUR P.O.,
BY ADV.SMT.M.HEMALATHA
RESPONDENTS/RESPONDENTS/ADDL.DEFENDANTS:-
KAZHAKUTTAM P.O.,THIRUVANANTHAPURAM.
(FORMER PRESIDENT OF THE IST DEFENDANT SAMAJAM)
R1,R3 & R5 BY ADV. SRI.M.ANILKUMAR SRI.M.BALAGOVINDAN
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.859 of 2009
Dated this the 23rd day of February, 2018
JUDGMENT
No representation. The matter came up on 05.02.2018 and ten
days time was given for curing the defect. The defect has not been cured.
Hence the appeal is dismissed is for non-prosecution.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
cks
D.DHARMARAJAN AND ANR.
KOLATHUKARA KSHETRA SAMAJAM AND ANR.
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
