P.Narayanankutty v. v.Kesava Pillai
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What did the court decide?
The second appeal was dismissed for non-prosecution due to the appellant's absence and lack of representation.
COURT OF KERALA AT ERNAKULAM PRESENT THE…
The second appeal was dismissed for non-prosecution due to the appellant's absence and lack of representation.
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
FRIDAY, THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941
SA.No. 225 of 2003 (B)
AGAINST THE DECREE AND JUDGMENT DATED 11.04.2002 IN AS No.135/1995 of Vth ADDITIONAL DISTRICT COURT, ERNAKULAM
AGAINST THE DECREE AND JUDGMENT DATED 29.04.1995 IN OS No.356/1990 of I ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT IN SECOND APPEAL/2nd RESPONDENT IN A.S. 135/95/SECOND DEFENDANT IN O.S. 356/1990:
1 P.NARAYANANKUTTY, S/o LATE N.GOVINDAN NAIR, BUSINESSMAN, NOW RESIDING AT PLOT NO.50, KUMARANASAN NAGAR, KOCHI-20.
BY ADV. SRI.O.BALANARAYANAN
1st RESPONDENT IN A.S., APPELLANT IN A.S., 3rd & 4th RESPONDENT IN A.S, LEGAL RESPRESENTATIVES OF DECEASED 3rd RESPONDENT, 5th RESPONDENT IN A.S.
1 V.KESAVA PILLAI, S/o RAMA VARMA THAMPAN, FORMERLY RESIDING AT GITANJALI, VATTIYOORKAVU, TRIVANDRUM, NOW RESIDING AT NEDUMPURAM PALACE, MATHILBHAGOM, NEAR SREE VALLABHA TEMPLE, THIRUVALLA P.O., KERALA.
2 M.VENUGOPAL, S/o GOVIND, NOW RESIDING AT 'SREE PADMANABHA', PONOTH ROAD, KALOOR, KOCHI-17.
S.A.No.225 of 2003
2
6 THANKAMMA BALAKRISHNAN, RESIDING AT KANIYANPADIKKAL, KALOOR, KOCHI-17.
(5th AND 6th RESPONDENTS ARE THE LEGAL REPRESENTATIVES OF DECEASED 3rd RESPONDENT IMPLEADED AS PER ORDER IN I.A.No.2163/01 IN A.S 135/95 DATED 25.02.2002)
7 NEO VENUS PHARMA (P) LTD., HAVING OFFICE AT 41/1555, ARAKKAL BUILDINGS, ST.BENEDICT ROAD, KOCHI-18 (NOW DEFUNCT).
BY ADVS.SRI.GEORGE THOMAS (MEVADA)(SR.) FOR R4 SRI.S.VIDYASAGAR FOR R1
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.A.No.225 of 2003
3
JUDGMENT
The appellant and counsel remained absent and there was no representation. No steps were taken as against R5, R6 and R7. This appeal is of the year 2003. As such, this Court has no other option, but to dismiss the appeal for non prosecution. Hence, the second appeal is dismissed for non prosecution.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
P.NARAYANANKUTTY
V.KESAVA PILLAI
M.VENUGOPAL
THANKAMMA BALAKRISHNAN
NEO VENUS PHARMA (P) LTD.
P.SOMARAJAN
As recorded by the court registry
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