In a regular second appeal, the High Court of Kerala dismissed the appeal for non-prosecution as the counsel failed to appear despite two postings given for final argument.
The appeal was dismissed for non-prosecution.
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.SOMARAJAN
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
RSA.No.1370 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 31-07-2004 IN AS 206/2001 of I ADDITIONAL DISTRICT COURT, THRISSUR
AGAINST THE JUDGMENT AND DECREE DATED 21-12-2000 IN OS 691/1999 of PRINCIPAL MUNSIFF COURT,THRISSUR
DEFENDANTS/RESPONDENTS/APPELLANTS:
1 SATHYAPAL M, KANDATH HOUSE,
RESIDING AT MANKARA AMSOM DESOM,, PALAKKAD TALUK.
3 BALAKRISHNAN. M., UNITED BANK OF INDIA OPPANKKARA STREET, COIMBATORE.
BY ADV. SRI.A.R.GANGADAS
PLAINTIFF/APPELLANT/RESPONDENT:
MANAPPURAM GENERAL FINANCE AND LEASING LTD., A PUBLIC LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT, BROTHERS COMPLEX, NAIKKANAL.
BY ADV. SRI.R.RAMADAS
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.1370 of 2004
2
JUDGMENT
The counsel for the appellants fairly submitted that he had issued a letter to the appellants but returned un-served. It is also submitted that he is not in a position to argue the matter as the file is not with him. It is an appeal of the year 2004. This is the second posting given by this court for final argument. As such, this court has no other option, but to dismiss the appeal for non prosecution.
The appeal is dismissed for non prosecution.
Sd/-
msp
P.SOMARAJAN JUDGE //TRUE COPY//
P.A. TO JUDGE
MANAPPURAM GENERAL FINANCE AND LEASING LTD.,
1 SATHYAPAL M.,
2 SMT.BHARGAVI. M.,
3 BALAKRISHNAN. M.,
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
