Dismissed

Radhamani and Others v. Mrinalini & Others

Kerala HC21 Mar 2019RSA/221/2008

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the regular second appeal for non-prosecution. The court accepted the submission that there were no instructions from the appellants and no legal representatives of deceased respondents were impleaded.

What did the court decide?

The second appeal (R.S.A.No. 221 of 2008) was dismissed for non-prosecution due to lack of instructions from the appellants.

Radhamani and Others Vs Mrinalini & Others — Civil Procedure and Limitation | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940

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RSA.No. 221 of 2008 (B)

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AGAINST THE DECREE AND JUDGMENT DATED 16.01.2007 IN A.S.No.162/003 OF THE PRINCIPAL SUB COURT, NORTH PARAVUR

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AGAINST THE DECREE AND JUDGMENT DATED 28.08.2003 IN O.S.No.419/2000 OF THE MUNSIFF COURT, ALUVA

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APPELLANTS/APPELLANTS/DEFENDANTS 1, 3, 4 & 5:

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1 RADHAMANI, W/o SIVASANKARAN NAIR, RESIDING AT MANIMANDIRAM HOUSE, DESOM KARA,CHENGAMANADU VILLAGE.

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2 GOPAKUMAR, S/o SIVASANKARAN NAIR, RESIDING AT INDIAN ALUMINIUM COMPANY, QUARTERS NO.C-14, ALUPURAM P.O., UDYOGAMANDAL.

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3 S.RADHAMANI, W/o P.V.PREMNATH, 'NIRUPAMA', CHAIRMAN ROAD, THRIKANDIYOOR, TIRUR.

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4 SIVASANKARAN NAIR, RESIDING AT MANIMANDIRAM HOUSE, DESOM KARA, CHENGAMANADU VILLAGE.

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BY ADVS.SRI.P.JACOB VARGHESE (SR.) SMT.ELIZEBETH MEERA SMT.PRAISHEEL PRAKASAM SRI.P.J.VINOD JOSEPH SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J.

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RESPONDENTS/RESPONDENTS/PLAINTIFFS/DEFENDANTS 2 & 6:

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1 MRINALINI, W/o MURALEEDHARAN NAIR, PALAKKAPPILLY, AVANAMKODU KARA, NEDUMBASSERY VILLAGE.

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2 PADMANABHAN, S/o SANKARA MENON, PALAKKAPPILLY, AVANAMKODU KARA, NEDUMBASSERY VILLAGE.

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3 INDUKUMARI, W/o JAYADEVAN, RESIDING AT SREERANGAM HOUSE, NEDUMBASSERY HOUSING COLONY, NEDUMBASSERY KARA, NEDUMBASSERY VILLAGE.

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R.S.A.No.221 of 2008

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4 DEVAKIAMMA, D/o AMMUKUTTYAMMA, PALAKKAPPILLY HOUSE, AVANAMKODU KARA, NEDUMBASSERY VILLAGE.

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R1 & R2 BY ADVS.SRI.T.B.THANKAPPAN SRI.T.T.HARIKUMAR

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

R.S.A.No.221 of 2008

JUDGMENT

The learned counsel for appellants submitted that there is no instruction from the appellants. No steps were taken to implead the legal representatives of deceased R3 and R4. Hence, this Court has no other option, but to dismiss the appeal for non prosecution. Hence, the second appeal is dismissed for non prosecution.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Radhamani and Others v. Mrinalini & Others

Case brief

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Radhamani and Others v. Mrinalini & Others

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