In RSA No. 84 of 2008, the appellant was absent from the hearing of the regular second appeal filed in 2008. The respondents appeared but no case was represented. The court dismissed the appeal for non-prosecution as a one-line order delivered on 21.05.2019.
The regular second 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 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941
RSA.No. 84 of 2008
AGAINST THE JUDGMENT AND DECREE DATED 31-05-2007 IN AS 261/2005 of I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
AGAINST THE JUDGMENT AND DECREE DATED 17-01-2005 IN OS 1606/2003 of I ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
APPELLANT/APPELLANT/DEFENDANT:
KRISHNAN NADAR, S/O NARAYANAN NADAR, NARAYANA VILASOM VEEDU, VENNIYOOR DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.M.PREM
SMT.K.P.SANTHI
RESPONDENTS/RESPONDENTS/2ND PLAINTIFF & LEGAL REPRESENTATIVES OF DECEASED 1ST PLAINTIFF:
1 ANIL KUMAR, S/O PONNAYYAN NADAR, THANNIVILA MEKKARUKU PUTHEN VEEDU, VENNIYOOR DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.
2 SARASAMMAL, D/O.PONNAYYAN NADAR, THANNIVILA MEKKARURUKU PUTHEN VEEDU, VENNIYOOR DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.
3 AJITHKUMAR, S/O.PONNAYYAN NADAR, THANNIVILA MEKKARUKU PUTHEN VEEDU, VENNIYOOR DESOM, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADVS. SMT.LIGEY ANTONY SRI.D.SAJEEV
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 84 of 2008 2
JUDGMENT
The appellant and the counsel remained absent.
The respondents are ready for argument. The matter is of the year 2008, nobody represented the matter. 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 to allow the regular second appeal on merits despite the appellant's continued absence from the hearing.
KRISHNAN NADAR
1 ANIL KUMAR AND OTHERS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
