In RSA 799 of 2008 before the Kerala High Court, the appellants sought to stay proceedings in underlying civil suits. The court noted that the appellants had indicated an intention not to prosecute the appeal, resulting in its dismissal for non-prosecution.
The Regular Second Appeal was dismissed 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 K. BABU
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
RSA NO. 799 OF 2008
AGAINST THE JUDGMENT IN AS 162/2003 OF ADDITIONAL DISTRICT COURT (ADHOC-I), THALASSERY, KANNUR
AGAINST THE JUDGMENT AND DECREE IN OS 331/1996 OF MUNSIFF
COURT, KUTHUPARAMBA, KANNUR
APPELLANTS/APPELLANT/D2 & LR'S & D1:
BY ADVS. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.K.V.PAVITHRAN
RSA NO.799/2008
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RESPONDENTS/RESPONDENTS/PLAINTIFF 1 & 2 AND D3:
*3 VELLADATH SREENIVASAN(DIED) S/O.ACHU, SREYAS, PENSIONER MOONAMPEEDIKA,, PO.NIRMALAGIRI, VIA.KUTHUPARAMBA,, MANGATTIDAM AMSOM,KAIDERI DESOM. ADDL. SARASWATHI PAYYAMVALLI, W/O SREENIVASAN, R4 AGED 65 YEARS, NO OCCUPATION, 'SHREYAS', P.O.NIRMALAGIRI, THALASSERI TALUK, PIN - 670701 ADDL. SREENADH PAYYAMVALLI, S/O SREENIVASAN, R5 AGED ABOUT 35 YEARS,'SHREYAS', P.O.NIRMALAGIRI, THALASSERI TALUK, PIN - 670701 ADDL. SREEKANTH PAYYAMVALLI, S/O SREENIVASAN, R6 AGED ABOUT 32 YEARS,'SHREYAS', P.O.NIRMALAGIRI, THALASSERI TALUK, PIN - 670701 ADDL. VIJAYALAKSHMI.K, W/O LATE RAGHAVAN, R7 AGED 62 YEARS, RESIDING VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI P.O., KANNUR DISTRICT – 670701 ADDL. RAJINRAJ.K,S/O LATE RAGHAVAN,AGED 36 YEARS R8 RESIDING VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI P.O., KANNUR DISTRICT – 670701 * LEGAL HEIRS OF DECEASED 3RD RESPONDENT ARE
RSA NO.799/2008
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IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 6 AS PER ORDER DATED 26.10.2021 IN IA NO.3/2019
** LEGAL HEIRS OF DECEASED 2ND RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 7 TO 8 AS PER ORDER DATED 26.10.2021 IN IA NO.1/2021
BY ADVS. S.AMINA R.SURENDRAN K.MOHANAKANNAN V.V.ASOKAN M.A.ZOHRA
THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO.799/2008
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K.BABU, J.
R.S.A. No.799 of 2008
Dated this the 09th day of November, 2021
JUDGMENT
The learned Counsel for the appellants submitted that, the appellants are not intending to prosecute the appeal.
Hence, this Regular Second Appeal is dismissed for non prosecution.
Sd/K.BABU JUDGE
VPK
VELLADATH KUNHIKRISHNAN
PONNAN SAUMINI
P.GIRIJAN
P.VENU
P.SUNIL
P.BIJU
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
