This was a regular first appeal where the appellant's counsel failed to provide instructions despite notice. The High Court dismissed the appeal 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 DEVAN RAMACHANDRAN
THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
RFA.No.685 OF 2009
AGAINST JUDGMENT IN OS 11/2005 DATED 15-07-2008 OF SUB COURT, KOYILANDY
APPELLANT/DEFENDANT NO.22:
RAVINDRAN NAIR AGED 51 YEARS
S/O GOVINDAN NAIR RESIDING AT NOTEKANDIYIL HOUSE,, EDAKULAM AMSOM, CHENGOTUKKAVU DESOM,, KOYILANDY TALUK, KOZHIKODE DISTRICT,, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, HARIDASAN, S/O GOVINDAN NAIR.
BY ADV. SRI.NIRMAL. S
RESPONDENTS/PLAINTIFFS/DEFENDANTS 1 TO 21:
1 P.K.KUTTIKRISHNAN NAIR AGED 66 YEARS KUNNOTH HOUSE, PENSIONER, S/O.LATE ACHUTHAN NAIR, CHEMANCHERY AMSOM DESOM, KOYILANDY TALUK.
2 P.K.PADMANABHAN NAIR AGED 61 YEARS SWASTHAM, S/O.LATE ACHUTHAN NAIR, “VANDHANA”, POOKKANDY HOUSE, EDAKULAM AMSOM, MANGAD DESOM, KOYILANDY TALUK.
3 P.K.DAMODARAN NAIR AGED 58 YEARS BUSINESS, S/O.LATE ACHUTHAN NAIR, “VINAYA”, RESIDING AT AZHIYITTAVALAPPIL POOKKANDY HOUSE, EDAKULAM AMSOM, MANGAD DESOM, KOYILANDY TALUK.
RFA.No.685 OF 2009 2
| 6 | P.K.JANAKI AMMA AGED 50 YEARS |
|---|---|
| D/O. -DO- , PONATHUMKANDY HOUSE,, CHALA -DO- -DO- | |
| 7 | P.K.BHASKARAN NAIR |
| AGED 47 YEARS COOKIE, S/O. -DO- PONATHUMKANDY HOUSE, -DO- -DO- |
|
| 8 | K.M.KAMALAKSHI AMMA AGED 62 YEARS W/O.LATE SANKARAN NAIR, KARANTHOTTATHIL MECKAL(H),, MELUS AMSOM DESOM. |
| 9 | K.M.INDIRA AGED 42 YEARS |
|---|---|
| SWASTHAM -DO- -DO- | |
| 10 | K.M.NARAYANAN |
| AGED 40 YEARS | |
| COOLIE, -DO- -DO- | |
| 11 | K.M.GEETHA |
| AGED 37 YEARS | |
| SWASTHAM -DO- -DO- | |
| 12 | K.M.ASOKAN |
| AGED 35 YEARS | |
| COOLIE, -DO- -DO- | |
| 13 | K.M.GOVINDAN |
| AGED 33 YEARS | |
| COOLIE -DO- -DO- | |
| 14 | SUPPL. SOBHANA AMMA AGED 40 YEARS |
| KANADCHAM KANDY HOUSE, W/O.BHASKARAN NAIR, | |
| PUNATHAMKANDY (H), EDAKKAD AMSOM, MANGAD DESOM. | |
| 15 | MUKKADI BASHEER AGED 45 YEARS S/O.NOT KNOWN, PANOTE HOUSE, EDAKKULAM AMSOM DESOM. |
| 16 | NOTHIKANDY BALAKRISHNAN S/O.NARAYANAN NAIR, AGED 40 YEARS, EDAKKULAM AMSOM DESOM. |
| 17 | VALERI LAKSHMI AMMA |
| RESIDING AT CHANDAVACHAN KANY, W/O.KUNHIRAMAN NAIR, | |
| AGED 50 YEARS, CHEMANCHERY AMSOM DESOM. |
RFA.No.685 OF 2009 3
NEAR KANHILASSERY TEMPLE, CHEMANCHERI AMSOM DESOM.
R1 BY ADV. SRI.SANTHARAM.P
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.685 OF 2009 4
JUDGMENT
When this matter was taken up today, it
was seen that steps have not been taken to
serve summons to various respondents; and the learned counsel appearing for the appellant submits that he has no instructions from his client, even though registered notice has been issued to him.
In the afore circumstances, I dismiss this R.F.A. for non-prosecution.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/9.1.2020
RAVINDRAN NAIR
P.K.KUTTIKRISHNAN NAIR
P.K.PADMANABHAN NAIR
P.K.DAMODARAN NAIR
P.K.KALLIANIKUTTY AMMA
P.K.LAKSHMI AMMA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
