The Single Judge of the High Court of Kerala dismissed a regular second appeal filed against civil decrees for non-prosecution. The judgment records that no steps were taken as ordered earlier for serving summons upon the respondents.
The regular second appeal (RSA.No. 395 of 2008) 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
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
RSA.No. 395 of 2008
AGAINST THE JUDGMENT AND DECREE DATED 16-06-2007 IN AS 95/2003 of PRINCIPAL SUB COURT, THIRUVANANTHAPURAM
AGAINST THE JUDGMENT AND DECREE DATED 13-08-2003 IN OS 231/2000 of II ADDITIONAL MUNSIFF COURT,THIRUVANANTHAPURAM
APPELLANTS:- (APPELLANTS/DEFENDANTS 2 AND 3):
1 L.ESWARI THANKACHY, D/O LEKSHMY PILLAI, THANKACHI OF 326-C, SWATHY NAGAR WEST, FORT, KOTTAKKAKAM, TRIVANDRUM, RESIDING AT TC 37/1686, PUNNACKAL HOUSE, FORT, TRIVANDRUM.
2 L.GOURIKUTTY THANKACHY,
D/O.LEKSHMY PILLAI, THANKACHI OF RAGENDRA, TC 15/1172, KRISHNAVILASOM ROAD, VAZHUTHACAUD, JAGATHY, THYCAUD P.O.,TRIVANDRUM, RESIDING, AT TC 37/1686, PUNNACKAL HOUSE, FORT, TRIVANDRUM
BY ADV. SRI.G.S.REGHUNATH
RESPONDENT(RESPONDENT/PLAINTIFF):
K.RAMABHADRAN THAMPI @ K.R.THAMPI
S/O.LATE K.R.KRISHNA PILLAI, PUNNAKKAL VEEDU,
WEST STREET, KOTTAKKAKOM PUNNAPURAM MURI, VANCHIYOOR VILLAGE,TRIVANDRUM,NOW WORKING AS LOSS ASSESSOR AT INSURANCE CLAIMS INVESTIGATOR, RESIDING AT II UMANG 16TH ROAD, SANTHACRUZ WEST, MUMBAI-54, PIN - 400 054
BY ADV. SRI.C.S.DIAS
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 395 of 2008 2
JUDGMENT
It is an appeal of the year 2008. This court
has ordered steps to respondents 2 to 5 by process of the Court routed through the Trial Court for personal service or to any adult member in the family, if not, by affixture with a witness, returnable by 08/03/2019. But no steps so far taken as ordered by this court on 13/02/2019. Hence, this Court has no other option, but to dismiss the appeal for non prosecution.
The appeal is dismissed for non prosecution.
Sd/-
P.SOMARAJAN
JUDGE
msp
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the regular second appeal be dismissed for non-prosecution due to lack of steps for service of summons.
L.ESWARI THANKACHY & ANR.
K.RAMABHADRAN THAMPI @ K.R.THAMPI
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
