Regular second appeal before the High Court of Kerala where the appellants (inanimate bodies) were unrepresented as all trustees had died. The respondent argued non-prosecution, leading to dismissal.
None. Appeal 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
WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
RSA.No.731 of 2004
AGAINST THE JUDGMENT AND DECREE DATED 27-09-2003 IN AS 162/2000 of DISTRICT COURT, THRISSUR
AGAINST THE JUDGMENT AND DECREE DATED 22-12-1999 IN OS 582/1996 of MUNSIFF COURT,CHAVAKKAD
APPELLANTS/APPELLANTS/PLAINTIFFS:
1 MALABAR SWATHANTHRA SURIYANI SABHA, POOKOD AMSOM, THOZHIYOOR DESOM, CHAVAKKAD TALUK, REPRESENTED BY PERMANENT TRUSTEE, JOSEPH MAR KURILOS METHRAPOLEETHA, 48 YEARS, S/O. PANAKKAL MATHUKUTTY, POOKOD AMSOM, THOZHIYOOR DESOM, CHAVAKKAD TALUK.
2 DO.REPRESENTED BY VICAR TRUSTEE REV.FR.JACOB KASEESA 50 YEARS, S/O. CHERUVATHOOR VAREED, VYSSERI ANGADI, KUNNAMKULAM VILLAGE, TALAPPILLY TALUK.
3 DO.REPRESENTED BY ATHMAYA TRUSTEE THARUKKUTTY @ DAVI CHEERAN, AGED 58 YEARS, S/O. CHEERAN VAREEKUTTY, CHALISSERRY VILLAGE,, DESOM OTTAPPALAM TALUK.
BY ADV. SRI.K.RAMACHANDRAN
RESPONDENT/RESPONDENT/DEFENDANT:
SUBRAMANIAN, AGED 56 YEARS, S/O. PULIKKAL APPUKUTTY, ANJOOR VILLAGE DESOM,, THALAPPILLY TALUK, BUSINESS AT KUNNAMKULAM, VILLAGE DESOM, TALAPPILLY TALUK.
BY ADVS. SRI.BINU MATHEW KUM.T.M.KRISHNA PRIYA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No.731 of 2004 2
JUDGMENT
The appellants and the counsel remained absent.
There was no representation. The learned counsel for the respondent submitted that the appeal was filed in a representative capacity representing the appellants, which are inanimate bodies. All the persons representing the inanimate body/the appellants passed away and they cease to be the trustee even prior to their death. Nobody come forward to represent the appellants. As such, this court has no other option, being a matter of the year 2004, 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
Malabar Swathanthra Suriyani Sabha
Subramanian
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
