Petition to re-admit a second appeal dismissed for default. Parties reported the matter was compromised with a joint petition in execution proceedings, so they are governed by compromise terms and re-admission was unnecessary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945
MJC NO. 151 OF 2023
AGAINST THE JUDGMENT DATED 17.11.2023 IN RSA 519/2022 OF HIGH
COURT OF KERALA
PETITIONERS/APPELLANTS:
1 NALINI BABU AGED 55 YEARS W/O. BABU, MADATHIPARAMBIL HOUSE, KANDANADU KARA, KADAMAKKUDAY, KOTHADU.P.O., COCHIN, PIN - 682027
2 VISHNU BABU AGED 29 YEARS S/O. BABU, MADATHIPARAMBIL HOUSE, KANDANADU KARA, KADAMAKKUDAY, KOTHADU P.O., COCHIN. PIN - 682027.
BY ADVS. M.R.HARIRAJ ALINA ANNA KOSE AKHILA S. GAYATRI VISWANATHAN LAKSHMI.V.S KARTHIKA GANESH
RESPONDENTS:
1 PRABHAVATHY
D/O LATE KARUPPAN, AGED 70 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN, PIN - 682305
2 SASIDHARAN S/O LATE KARUPPAN, AGED 66 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305
3 PAVITHRAN S/O LATE KARUPPAN, AGED 64 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN, PIN - 682305
MJC NO. 151 OF 2023
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4 LOHITHAKSHAN S/O LATE KARUPPAN, AGED 62 YEARS, VELUTHERIL HOUSE, KANADANADU KARA, KANAYANNURTALUK. PIN - 682305
5 SHINA D/O LATE KARUPPAN, AGED 60 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305
6 REEJA @ ROSLIN, W/O LATE VIDHYADHARAN, AGED 64 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305 7 DEEPA D/O LATE VIDHYADHARAN, AGED 44 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305
8 DEEPTHI D/O LATE VIDHYADHARAN, AGED 42 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305
9 DEEPTHU D/O LATE VIDHYADHARAN, AGED 38 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KANAYANNURTALUK. PIN - 682305 10 SAJEEVAN S/O LATE KARUPPAN, AGED 55 YEARS, VELUTHERIL HOUSE, KANDANADU KARA, KADAMAKUDI VILLAGE, KANAYANNURTALUK, KOTHAD.P.O. PIN - 682027
THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJC NO. 151 OF 2023
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O R D E R
Dated this the 22nd day of January, 2024
This is an application filed by the petitioner to re-admit
RSA No.519/2022, which was dismissed for default for nonprosecution, as per order dated 17.11.2023.
Sd/A. BADHARUDEEN JUDGE
nkr
MJC NO. 151 OF 2023
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APPENDIX OF MJC 151/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE RI REPORT IN OA 75/2019 DATED 13/1/2023
Annexure A2 CERTIFIED COPY OF THE RI REPORT IN OA 75/2019 DATED 27/1/2023
Annexure A3 CERTIFIED COPY OF THE RI REPORT IN OA 75/2019 DATED 08/02/2023
Annexure A4 CERTIFIED COPY OF INTERIM ORDER DATED 25/10/2022 IN OA 75/2019
1 issue framed by the court
Whether RSA No.519/2022, dismissed for default, should be re-admitted given the parties' subsequent compromise.
Nalini Babu
Vishnu Babu
Prabhavathy
Sasidharan
Pavithran
Lohithakshan
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
