Dismissed
Stella v. E.P.Francis
Kerala HCRFA/80/2017
Case brief
AI extract
What is this about?
In RFA NO. 80 OF 2017, the High Court of Kerala dismissed an appeal against a final decree because the appellant's counsel remained absent, deeming it impossible to condone the non-prosecution given the suit's age and delay.
What did the court decide?
The appeal was dismissed for non-prosecution due to the absence of the counsel.
What the court decided
AI extract
¶1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
¶2
PRESENT
¶3
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
¶4
TUESDAY, THE 14TH DAY OF MARCH 2023 / 23RD PHALGUNA, 1944
¶5
RFA NO. 80 OF 2017
¶6
AGAINST THE ORDER DATED 9/8/2016 IN F.D.A.NO.3928/2012 IN OS 982/1993
OF I ADDITIONAL SUB COURT,ERNAKULAM
¶7
APPELLANT/3RD RESPONDENT IN FDA/1ST PLAINTIFF IN OS.:
¶8
*1 STELLA, AGED 75 YEARS, W/O.LATE PAUL KURISHINKAL AND D/O.PAILY, KURISHINKAL HOUSE, PALLURUTHY NADA, COCHIN-682006. (DIED)
¶9
(FROM ILLIPARAMBIL HOUSE, NEAR POTTAKUZHY CHURCH,
ELAMAKKARA, COCHIN-682026)
¶10
ADDL.A2 MATHIAS FRANCIS, AGED 53 YEARS, S/O.PAUL ANTONY, RESIDING AT KURUSHINGAL HOUSE, 23/1172,
¶11
PALLURUTHY P.O., COCHIN 682006.
Issues for consideration
1 issue framed by the court
AI extract
Whether the appeal should be allowed despite the absence of the appellant's counsel due to the delay in filing.
Parties & counsel
AI extract
- appellant
STELLA
- respondent
E.P. FRANCIS
- respondent
TRESA JOSEPH
Coram
AI extract
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court