Second appeal filed in 2009 remained unprosecuted. Despite a prior order requiring impleadment of legal representatives of the second respondent, no steps were taken over a decade. The court recorded a lack of instructions from the appellant counsel and dismissed the appeal for default due to inordinate inactivity.
Appeal dismissed for default
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RSA.No.1035 OF 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942
RSA.No.1035 OF 2009
AGAINST THE ORDER/JUDGMENT DATED 23.10.2008 IN UNNUMBERED APPEAL DATED 28.5.2007 AND ORDER DATED 23.10.2008 IN I.A NO.687/2007 IN THE UNNUMBERED APPEAL ON THE FILE OF THE SUB COURT,ATTINGAL
AGAINST THE ORDER/JUDGMENT IN OS 162/2002 DATED 09-12-2004 OF MUNSIFF COURT,VARKALA
APPELLANT/S:
D/O.ASOKAN, AGED 22 YEARS,, AERAL VEEDU, VADASSERIKONAM P.O., MUDIYACODE DESOM, CHERUNNIYOOR VILLAGE.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENT/S:
R1 BY ADV. SRI.N.DHARMADAN SR. R3 BY ADV. SMT.D.P.RENU
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RSA.No.1035 OF 2009
C.S.DIAS, J.
======================
RSA No.1035 of 2009
====================== Dated this the 20th day of October, 2020.
JUDGMENT
Despite the order dated 22.9.2020, no steps have been taken to implead the legal representatives of the second respondent. The learned counsel appearing for the appellants submits that he has no instructions in the matter.
As the appeal is of the year 2009 and no steps have been taken till date, it is assumed that the appellants are no longer desirous of prosecuting the appeal. Hence, the appeal is dismissed for default.
Sd/-
C.S.DIAS
Sks/20.10.2020
JUDGE
Saleela
Jayaram Das
C.S.DIAS
As recorded by the court registry
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