Kerala High Court Second Appeal rejected because appellants were absent, court fee remained unpaid, and fourteen years elapsed after early admission, leading to rejection under Order VII Rule 11 CPC.
The appeal is rejected under Order VII Rule 11 CPC.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940
SA.No. 176 of 2003
AGAINST THE DECREE AND JUDGMENT DATED 26.03.2002 IN AS No.309/1998 of DISTRICT COURT,THRISSUR
AGAINST THE DECREE AND JUDGMENT DATED 16.01.1998 IN OS No.845/1991 of I ADDITIONAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS 2 AND 3/PLAINTIFFS:
1 MRS.SARA VARGHESE, W/o C.G. GEORGE, CHERUVATHOOR HOUSE, MAIN ROAD, KUNNAMKULAM, TALAPPILLY TALUK.
2 MATHEW, KADAVIL HOUSE, JACOBITE CHURCH ROAD, THRISSUR VILLAGE, THRISSUR TALUK. BY ADVS.SRI.JOHN JOSEPH VETTIKAD SRI.SABU GEORGE SRI.SAIGI JACOB PALATTY
RESPONDENT/RESPONDENT/DEFENDANT:
CHORUS OFFSET PRINTERS & BINDERS PRIVATE LIMITED, MAIN ROAD, KUNNAMKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, SIMON, S/o KOLADI THAVU.
BY ADV.SRI.P.VIJAYA BHANU (SR.)
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.A.No.176 of 2003
2
JUDGMENT
The appellants and counsel remained absent and there is
no representation. This appeal was admitted as early as on 16.12.2004 and fourteen years already elapsed after admission. The balance court fee has not been paid so far. Hence, this Court has no other option, but to reject the appeal under Order VII Rule 11 CPC. Hence, the appeal is rejected under Order VII Rule 11 CPC.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
1 provisions across 1 enactments
MRSA. VARGHESE
MATHEW
CHORUS OFFSET PRINTERS & BINDERS PRIVATE LIMITED
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
