The High Court of Kerala dismissed an appeal filed by the Union of India for non-prosecution, noting the delay of nearly 13 years and the consistent absence of the appellant's counsel.
The 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 P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MARCH 2023 / 1ST CHAITHRA, 1945
RFA NO. 269 OF 2009 (C)
AGAINST THE JUDGMENT & DECREE DATED 29.08.2008 IN OS No.104/2004
OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/1st DEFENDANT:
UNION OF INDIA, NEW DELHI, REPRESENTED BY ITS SECRETARY, NAVAL DEPARTMENT, UNION OF INDIA, NEW DELHI.
BY ADV SRI.C.S.AJITH PRAKASH, CGC
RESPONDENTS/PLAINTIFFS 1 TO 4 AND DEFENDANTS 2 TO 7:
RFA No.269 of 2009
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8 K.M CLIETUS, AGED ABOUT 60, KALAPPULLY HOUSE, VARAPPUZHA. 9 N.I. PAULOSE, AGED ABOUT 50, NEDUMTHALLY HOUSE, NORTH PARAVUR. 10 K.V. ARUMUGHAN, AGED ABOUT 45, KOMATHURUTHUVEEDU, PALLANTHURUTHU, NORTH PARAVUR. BY ADVS. SRI.ASOK M.CHERIAN SMT.AMBILY PREMKUMAR SRI.A.BALAGOPALAN SRI.S.KANNAN SRI.K.SANEESH KUMAR SRI.G.UNNIKRISHNAN THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA No.269 of 2009
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JUDGMENT
Appellant and the counsel for Central Government remained absent, though the case was taken up for hearing for the last three postings. This appeal is of the year 2009. Now almost 13 years have elapsed after the filing of this appeal. The counsel for respondents are present and ready with the matter. Hence, the absence of the counsel for the appellant cannot be condoned. The appeal is dismissed for non prosecution. The Registry is directed to send a copy of this judgment to the Secretary, Government of India and also to the Naval Department for information and necessary action.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Union of India
Vanaja Dayananadan
Jibeesh
Jayanthi
Sarojini
Cheriypallanthuruthu Friends Sports and Arts Club Jalolsava Committee
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
