The High Court of Kerala dismissed the second appeal for default because the appellant failed to complete service of notice on respondents despite a previous order.
Impugned orders affirmed; appeal dismissed for default due to failure to serve notice.
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.
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RSA 715 OF 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 14TH DAY OF OCTOBER 2020 / 22ND ASWINA, 1942
RSA.No.715 OF 2005
AGAINST THE ORDER/JUDGMENT IN AS 95/1999 DATED 16-11-2004 OF SUB COURT,NEYYATTINKARA
AGAINST THE ORDER/JUDGMENT IN OS 330/1997 DATED 16-12-1998 OF II ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA
APPELLANT/S:
JERONI MORAIS,FROM POIPALLIVILAKOM, POZHIYOOR DESOM, KULATHOOR P.O., RESIDING AT, J.J.HOUSE, NEAR IMPERIOR COMPANY,, KOLLAMCODE DESOM, VILAVANCODE TALUK,, K.K.DISTRICT.
BY ADV. SRI.R.GOPAN
RESPONDENT/S:
ADV.KAVITHA GANGADHARAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 14.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RSA 715 OF 2005
C.S.DIAS, J.
====================== RSA No. 715 of 2005
======================
Dated this the 14th day of October, 2020.
JUDGMENT
This appeal was presented on 6.6.2005 and is pending before this Court for the last 15 years. Despite the order dated 24.9.2020, the appellant has not taken steps to complete service of notice on the respondents. Hence, it is assumed that the appellant is no longer desirous of prosecuting the appeal. Therefore, the appeal is dismissed for default.
Sd/-
C.S.DIAS
Sks/14.10.2020
JUDGE
JERONI MORAIS
LOURLAMMAL POULIN MORAIS
SHALLET MORAIS
HAMLET MORAIS
PIOUS
CICILIN
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
