A regular first appeal was dismissed for default as the learned counsel could not contact the appellants and could not provide instructions, despite efforts 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 MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
RFA.No.747 OF 2008
AGAINST THE JUDGMENT AND DECREE IN OS 97/2006 DATED 02-11-2007 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANTS/DEFENDANTS NO.1,3 TO 9:
RFA.No.747 OF 2008 2
8 NEELESH HARISHANKAR, S/O.LATE HARISHANKAR AGED 41 YEARS, RESIDING AT A/106, CLASSIC SHRUSTI, PLOT NO.30,SECTION NO.3, NEW PANVEL EAST, REIGADH DISTRICT, MAHARASHTRA.
BY ADVS.
SRI.K.R.AVINASH (KUNNATH) SRI.V.G.SALEESH
RESPONDENTS/PLAINTIFFS & DEFENDANTS 2,10 TO 14:
1 PUSHPA J.SATA, D/O.PRANJEEVAN KANJI, AGED 70 YEARS, BLOCK NO.5,1ST FLOOR, MAITERIYA COOP.HOUSING SOCIETY, LINKING ROAD, SANTA CRUZ WEST, BOMBAY 400054.
6 PRAKASH H.SATA, S/O.TARAMATHI, AGED 53 YEARS, BEHIND DEVKUVARBA HIGH SCHOOL, LOHANAPARA, RAJKOT 360 001,GUJARAT.
R1-2, R6-8 BY ADV. SRI.M.V.AMARESAN
R1-2, R6-8 BY ADV. SRI.V.N.RAMESAN NAMBISAN R3 BY ADV. SHRI.RAJAGOPAL V.
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.747 OF 2008 3
JUDGMENT
Dated this the 21st day of November 2019
It is submitted by the learned counsel that he could not contact the appellants, despite efforts. Since he has no instructions from the appellants, he seeks for dismissal of the appeal for default.
Accordingly, the appeal is dismissed for default.
Sd/-
MARY JOSEPH
NAB
JUDGE
Hansa Harishankar (Deceased heirs represented by others)
Meena Harishankar
Pushpa J.Sata
Dhanalakshmi R.Pandya
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
