Appeal dismissed for non-prosecution as the appellant's counsel remained absent without representation from the bench.
RFA No. 121 of 2012 dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 22ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943
RFA NO. 121 OF 2012
AGAINST THE JUDGMENT AND DECREE DATED 21.01.2011 IN OS 343/2007 OF ADDITIONAL SUB COURT, PALAKKAD, PALAKKAD
APPELLANT/DEFENDANT NO:2 IN THE SUIT:
M/S.SANTHIMADAM AYUR NIKETHAN, HEALTH RESORT AND RESEARCH INSTITUTE, THEKKE NALUVAZHI, NORTH PARAVUR VILLAGE, PARAVUR THALUK, ERNAKULAM DISTRICT REP. BY CHAIRMAN, V.K. RADHAKRISHNAN, S/O. V.C.NARAYANA SANTHI, NORTH PARAVUR VILLAGE
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN V.A. PRADEEP KUMAR
RESPONDENTS/PLAINTIFF/3RD DEFENDANT:
1 G.SUBRAMANIAN, AGED 50 YEARS, S/O. GOVINDA SWAMY CHETTIAR, RESIDING AT KULLARAYAM PALAYAM, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PIN - 678 104.
2 ABHIJITH BALAKRISHNAN, AGED 33 YEARS, S/O. BALAKRISHNAN, RESIDING AT DOOR NO. 2/178 C, ATHRUTHA, NEDUNGOTTUR DESOM, VENGERI AMSOM, KOZHIKODE TALUK - 673 001.
R1 BY ADVS. SRI.SAJAN VARGHEESE K. SRI. LIJU.M.P
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 121 OF 2012
2
JUDGMENT
The appellant and the counsel remained absent. There was no representation. The counsel for the respondents present and ready with the matter. It is submitted by the counsel for the respondents that, last time also the counsel for the appellant remained absent. It is an appeal of the year 2012. The litigation was started in the year 2007. As such, I am of the view that, the absence of the counsel for the appellant cannot be condoned. The appeal will stand dismissed for non-prosecution.
Sd/-
P.SOMARAJAN JUDGE
SPV
M/S.SANTHIMADAM AYUR NIKETHAN HEALTH RESORT AND RESEARCH INSTITUTE
G.SUBRAMANIAN
ABHIJITH BALAKRISHNAN
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
