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Utkal Automobiles Vs K.Beeran — Kerala HC (2023) — LawSathi Research

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Kerala HC
2023
Utkal Automobiles Vs K.BeeranUtkal Automobiles v. K.Beeran

Dismissed

Utkal Automobiles v. K.Beeran

Kerala HC1 Jun 2023AS/59/2002

Case brief

AI extract

What is this about?

Two appeals filed by Utkal Automobiles against sub-court decrees were dismissed by the High Court of Kerala at Ernakulam for non-prosecution.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

THURSDAY, THE 1^ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

AS NO. 102 OF 2002

AGAINST THE DECREE AND JUDGMENT DATED 31.03.2001 IN OS 142/1996 OF SUB COURT, MANJERI

APPELLANT(1ST DEFENDANT):

UTKAL AUTOMOBILES,P.B. NO.2, MAIN ROAD, JAMSHEDPUR, BIHAR, BY ITS MANAGING DIRECTOR.

BY ADV SRI.T.K.VENUGOPALAN

RESPONDENTS/(PLAINTIFF & DEFENDANTS 2 AND 3):

1 T.UMMER,S/O. IBRAHIM, VALLUVAMBRAM AMSOM AND DESOM, ERNAD TALUK, MALAPPURAM DISTRICT.

Parties & counsel

AI extract

appellant
Utkal Automobiles
respondent
T. Umer
respondent
M/s. Mahindra and Mahindra Limited
respondent
K.P. Moideen

Coram

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 1 Jun 2023 · June
Registered: 1 Jan 2002
Case no.: AS/59/2002

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Cite this judgement

Utkal Automobiles v. K.Beeran, AS/59/2002 (KL), decided on 1 June 2023.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sathish Ninan

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Appeals filed by Utkal Automobiles challenging decrees dated 31.03.2001 were dismissed for non-prosecution. The court found no instructions from counsel for the appellant.

A compact analysis

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.

2 M/S. MAHINDRA AND MAHINDRA LIMITED, MARKETING DEPARTMENT, WORLI ROAD, NO.13, BOMBAY-400 018.

3 K.P.MOIDEEN,S/O. KUTTY HASSAN, MONGAM, ERNAD TALUK, MALAPPURAM DISTRICT. (DIED)

ADDL.4 K.T.SUBAIDA, AGED 39, W/O MOIDEEN K.P, VARIYATHU VEEDU, MONGAM ERNAD TALUK.

ADDL.5 K.P BADARUDEEN, AGED 21 YEARS, SON K.P.MOIDEEN, VARIYATHU VEEDU, MONGAM ERNAD TALUK.

ADDL.6 K.P ABDUL SALIM, AGED 19 YEARS, S/O K.P MOIDEEN, VARIYATHU VEEDU, MONGAM ERNAD TALUK. (THE LEGAL REPRESENTATIVES OF THE DECEASED 3RD RESPONDENT ARE IMPLEADED AS ADDL. RESPONDENTS 4 TO 6 IN THE APPEAL, VIDE ORDER DATED 14.10.2016 IN I.A NO.3558/05.)

BY ADVS. SUNIL C.G, SAJI MATHEW, DENU JOSEPH FOR R2 SRI.M.GOPIKRISHNAN NAMBIAR FOR ADDL. R4 TO R6 SRI.ANISH S.AMBADY FOR R1 SMT.BIJIMOL JOSE FOR R1 SMT.PREETHY KARUNAKARAN FOR R1 SMI.RAJESH R KORAMATH FOR R1 SMT. MINI M.R FOR R1 SRI.ROBIN V.S, SMT.SANJANA R NAIR, MEENA A.A FOR R1 THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 01.06.2023, ALONG WITH AS.59/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SATHISH NINAN

THURSDAY, THE 1^ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

AS NO. 59 OF 2002

AGAINST THE DECREE AND JUDGMENT DATED 31.3.2001 IN OS

143/1996 OF SUB COURT, MANJERI

APPELLANT/(1ST DEFENDANT):

UTKAL AUTOMOBILES,P.B NO.2, MAIN ROAD,JAMSHEDPUR, BIHAR, BY ITS MANAGING DIRECTOR.

BY ADVS.

SRI.SHIBU JOSEPH

RESPONDENT(PLAINTIFF AND DEFENDANTS 2 AND 3):

1 K.BEERAN, S/O UNNIALI, THODAMMOOCHIYIL HOUSE, VALLUVAMBRAM AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT, P.O. VALLUVAMBRAM.

2 M/S. MAHINDRA AND MAHINDRA LIMITED MARKETING DEPARTMENT, WORLI ROAD, NO.13, BOMBAY400 018.

3 K. ALAVI, SON OF ALASSANKUTTY MONGAM, MALAPPURAM DISTRICT. BY ADVS. SRI.T.KRISHNANUNNI (SR.) FOR R1 SRI.C.G.SUNIL FOR R2 SMT.E.V.MOLY FOR R2 SMT.PREETHY KARUNAKARAN FOR R1 SRI.R.RAJESH KORMATH FOR R1

THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 01.06.2023,

ALONG WITH AS.102/2002, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

Sathish Ninan, J.

==============================

A.S No.102 of 2002 & 59 of 2002

==========================

Dated this the 1^st day of June, 2023

JUDGMENT

The learned counsel for the appellant reports 'no

instructions'. Appeals are dismissed for non-

prosecution.

Sd/-

Sathish Ninan, Judge

vdv

AI extract

Sathish Ninan

CNR

KLHC010002182002

Bench

Disposal

DISMISSED FOR NON PROSECUTION

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