The High Court of Kerala dismissed the second appeal for non-prosecution as the appellants and counsel were absent and no steps were taken as ordered. The cross objection was likewise dismissed as not pressed into service.
The appeal is dismissed for non prosecution. The Cross Objection is dismissed as not pressed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
RSA.No.27 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 08-08-2003 IN AS 87/1997 of ADDITIONAL DISTRICT COURT (SPECIAL), KOTTAYAM
AGAINST THE JUDGMENT AND DECREE DATED 31-03-1997 IN OS 514/1993 of ADDITIONAL MUNSIFF COURT, KOTTAYAM
APPELLANTS/ADDL.RESPONDENTS 2 TO 7 & LEGAL REPRESENTATIVES OF
PLAINTIFF:
BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.UNNIKRISHNAN V.
RESPONDENT/APPELLANT/DEFENDANT:
JOSEPH @ KUNJU IPE, KARAKATTU HOUSE, PULICKAL KAVALA P.O., ERUMATHALA KARA, VAZHOOR VILLAGE,, CHANGANACHERRY TALUK, PIN-686 515.
BY ADV. SRI.G.S.REGHUNATH
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.27 of 2004& CO.90/04 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
CO.No.90 OF 2004 IN RSA. 27/2004
AGAINST THE JUDGMENT AND DECREE DATED 08-08-2003 IN AS 87/1997 OF ADDITIONAL DISTRICT COURT (SPL), KOTTAYAM
AGAINST THE JUDGMENT AND DECREE DATED IN RSA 27/2004 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
JOSEPH @ KUNJU IPE, KARAKATTU HOUSE, PULICKAL KAVALA P.O., ERUMATHALA KARA, VAZHOOR VILLAGE, CHANGANASSERY TALUK, PIN 686 515.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS/APPELLANTS:
1 ANNAMMA, W/O CHANDY, KIZHAKKEKARA HOUSE, PAMPADY KARA AND VILLAGE,, KOTTAYAM TALUK.
R1 BY ADVS. SRI.ISSAC M.PERUMPILLIL
SRI.UNNIKRISHNAN V.
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.27 of 2004& CO.90/04 3
JUDGMENT
The appellants and the counsel remained
absent. There was no representation. No steps were taken as ordered by this court. The appeal is of the year 2004. Hence, this court has no other option, but to dismiss the appeal for non prosecution.
The appeal is dismissed for non prosecution.
Cross Objection is also not pressed into
service. Hence, Cross Objection is dismissed as not pressed.
P.SOMARAJAN
JUDGE
msp
Joseph @ Kunju Ipe
Annamma
K.C. Varghese
Alleyamma
K.C. Mathew
K.C. Mariamma
P. Somarajan
As recorded by the court registry
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