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Joheny and Others Vs Johnson — Civil Procedure and Limitation | Kerala HC (2019)

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Kerala HC
2019
Joheny and Others Vs JohnsonJoheny and Others v. Johnson

Dismissed

Joheny and Others v. Johnson

Kerala HC28 May 2019RSA/271/2007

Case brief

AI extract

What is this about?

This regular second appeal was dismissed due to the appellants' non-prosecution despite issuing notice, as they failed to provide any instruction.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941

RSA.No. 271 of 2007(G)

AGAINST THE JUDGMENT AND DECREE DATED 20-01-2006 IN AS 143/2000 of PRINCIPAL SUB COURT,IRINJALAKUDA

AGAINST THE JUDGMENT AND DECREE DATED 25-03-2000 IN OS 921/1998 of PRINCIPAL MUNSIFF COURT, IRINJALAKUDA

APPELLANTS/RESPONDENTS/DEFENDANTS:

1 JOHNY, AGED 54, S/O MANGALAN LONA, NANDIPULAM VILLAGE, DESOM, MUKUNDAPURAM TALUK.

2 VARGHESE, AGED 50, S/O. MANGALAN LONA, NANDIPULAM VILLAGE, DESOM, MUKUNDAPURAM TALUK. 3 JOSE, AGED 43, S/O. MANGALAN LONA, -DO- -DO4 ANTHONY, AGED 40, S/O. MANGALAN LONA, -DO- -DO5 ELSY, AGED 49, W/O. MANGALAN JOHNY, -DO- -DO6 ANNIE, AGED 35, W/O. MANGALAN ANTHONY, -DO- -DOBY ADV. SRI.RENJITH THAMPAN (SR.)

Parties & counsel

AI extract

appellant
Johnny and others
respondent
Johnson

Coram

AI extract

P. Somarajan

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 28 May 2019 · May
Registered: 9 Mar 2007
Case no.: RSA/271/2007

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Cite this judgement

Joheny and Others v. Johnson, RSA/271/2007 (KL), decided on 28 May 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P. Somarajan

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for want of prosecution since the appellants, despite receiving notice, did not provide any instruction to their counsel.

A compact analysis

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.

RESPONDENT/APPELLANT/PLAINTIFF:

JOHNSON, AGED 40, S/O MOORKANATTUKARAN OUSEPH, NANDIPULAM VILLAGE, DESOM, MUKUNDAPURAM TALUK.

BY ADVS. SRI.JIBU P THOMAS SRI.T.C.SURESH MENON

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RSA.No. 271 of 2007 2

JUDGMENT

The Counsel for the appellants fairly submitted that there is no instruction from the appellants inspite of notice. Hence, the appeal is dismissed for non prosecution.

Sd/-

P.SOMARAJAN JUDGE

msp

//TRUE COPY// P.A. TO JUDGE

CNR

KLHC010340072007

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON PROSECUTION

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