The High Court of Kerala dismissed the second appeal of Ernakulam Thirumala Devaswom against an order from the VI Additional District Court for default due to lack of representation in recent postings.
The appeal was dismissed for default.
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 K. BABU
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
RSA NO. 575 OF 2009
AGAINST THE ORDER/JUDGMENT IN AS 73/2008 OF VI ADDITIONAL DISTRICT
COURT, ERNAKULAM
OS 480/2005 OF II ADDITIONAL SUB COURT,ERNAKULAM
APPELLANTS/APPELLANTS/PLAINTIFFS:
ERNAKULAM THIRUMALA DEVASWOM, KOVILVATTOM DESOM, T.D.ROAD, ERNAKULAM VILLAGE, COCHIN-682 035, KANAYANNOOR TALUK, REP.BY ITS PRESENT MANAGING COMMITTEE CONSISTING OF: 1 MANAGING ADHIKARAI, P.RANGADASA PRABHU, AGED 69 YEARS, BUSINESS, S/O.LATE PADMANABHA PRABHU, RETIRED COMPANY EMPLOYEE, RESIDING AT SREERANGA NIVAS, T.D.WEST ROAD, ERNAKULAM, COCHIN-682 035, KANAYANNOOR TALUK.
2 MANAGING ADHIKARAI, P.S.JAYAPRAKASH PRABHU, AGED 63 YEARS, S/O.LATE SREENIVASA PRABHU,BUSINESS, RESIDING AT SREENIVASA ARCADE, T.D.EAST SANNIDHI ROAD, ERNAKULAM, COCHIN-682 035, KANAYANNOOR TALUK. 3 MEMBER V.RAJKUMAR KAMATH, AGED 50 YEARS, BUSINESS, S/O.A.V.KAMATH, RESIDING AT 46, T.D.ROAD, ERNAKULAM, COCHIN-682 035, KANAYANNOOR TALUK. 4 MEMBER: T.G.KAMALNATH SHENOY AGED 43 YEARS, S/O.LATE T.V.GOVINDA SHENOY, BUSINESS, RESIDING AT RADDEY SYAM,, T.D.EAST SANNIDHI ROAD, ERNAKULAM, COCHIN-682 035,, KANAYANNOOR TALUK. 5 S.SUDHAKARA SHENOY, AGED 73 YEARS S/O.SREENIVASA SHENOY, 40/7247, SREENIVASA MALLAN ROAD, KOCHI-35. BY ADVS. SRI.C.D.JOSE SRI.R.D.SHENOY SR.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 K.N.MARZOOK, AGED ABOUT 50 YEARS, BUSINESS, S/O.LATE C.K.KASMI, DOOR NO.42/1069, RATNAPURI ERG ROAD, ERNAKULAM, COCHIN-16, KANAYANNUR TALUK. 2 K.N.SHAMSUDEEN, AGED ABOUT 48 YEARS, BUSINESS, S/O.LATE C.K.KASMI, DO. DO. DO.
R.S.A No.575/2009
2
3 K.N.ABDUL GAFOOR AGED ABOUT 43 YEARS, BUSINESS, S/O.LATE C.K.KASMI, DO. DO. DO. 4 K.N.FAJAYAR, AGED ABOUT 42 YEARS, BUSINESS, S/O.LATE C.K.KASMI, DO. DO. DO. BY ADV SRI.TOM K.THOMAS
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A No.575/2009
3
K.BABU, J .
R.S.A No.575 of 2009
Dated this the 11th day of November, 2021
JUDGMENT
The learned counsel for the respondents Sri.Tom.K.Thomas
submitted that the parties settled the matter out of court.
last two postings.
The appeal is dismissed for default.
Sd/-
K.BABU,
JUDGE
KAS
Ernakulam Thirumala Devaswom
K.N. Marzook
K.N. Shamsudeen
K.N. Abdul Gafoor
K.N. Fajayar
K. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
