Regular second appeal dismissed for non-prosecution as the appellant submitted inability to proceed following a Court order and lack of response from the party concerned.
None granted. Second 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 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
RSA.No. 98 of 2011 (C)
AGAINST THE DECREE & JUDGMENT DATED 06.09.2010 IN AS No.40/2006 of II ADDITIONAL DISTRICT COURT, PALAKKAD
AGAINST THE DECREE & JUDGMENT DATED 17.12.2005 IN OS No.331/1993 of PRINCIPAL SUB COURT, PALAKKAD
APPELLANT/1st RESPONDENT/1 st PLAINTIFF:
1 KUTTIKRISHNAN, (DIED, LRS IMPLEADED) AGED ABOUT 70 YEARS, S/o KUNJU, KUMMANKUZHI HOUSE, KUTHANUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.
ADDITIONAL APPELLANTS
(LEGAL REPRESENTATIVES OF DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 TO 5 AS PER ORDER DATED 11.01.2018 IN IA 14/2018)
BY ADVS.SRI.P.CHANDRASEKHAR
SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SMT.V.A.HARITHA SRI.JEEVAN RAJEEV
SRI.K.ARJUN VENUGOPAL
R.S.A.No.98 of 2011
2
RESPONDENTS/APPELLANT/2nd RESPONDENT/DEFENDANT/2 nd PLAINTIFF:
1 KANNAN, AGED 39 YEARS, S/o KOCHU, KAMMANKUZHI HOUSE, KUTHANUR AMSOM, KUTHANUR P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678121.
2 KRISHNAN, AGED 57 YEARS, S/o KUNJU, RESIDING AT KAMMANKUZHI HOUSE, KUTHANUR AMSOM, KUTHANUR P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 121. BY ADV. SRI.JIJI THOMAS FOR R1
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 29.05.2019. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A.No.98 of 2011
3
JUDGMENT
The learned counsel for appellants fairly submitted he is not in a position to take steps as ordered by this Court on last time and there was no positive response from the party concerned in spite of registered letter. Hence, the appeal is dismissed for non prosecution.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
1 KUTTIKRISHNAN (DECEASED) LRS
KANNAN
KRISHNAN
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
