Regular first appeal called on for admission; no representation for the appellants on two consecutive days, and 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 SATHISH NINAN
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
RFA NO. 217 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 26.11.2013 IN OS NO.482 OF 2010 OF SUB COURT, ALAPPUZHA APPELLANTS:
1 MARTIN ERESSERIL AGED 68 YEARS S/O.CHERIAN, ERESSERIL HOUSE, GUJARATI STREET, BAZAR P.O., ALAPPUZHA -688 012 ADDL.A2 GRACE MARTIN, W/O MARTIN ERESSERIL AGED 73 YEARS ERESSERIL HOUSE, GUJARATI STREET, BAZAR P.O., ALAPPUZHA -688 012 ADDL.A3 MANU MARTIN, S/O MARTIN ERESSERIL AGED 43 YEARS ERESSERIL HOUSE, GUJARATI STREET, BAZAR P.O., ALAPPUZHA -688 012 ADDL.A4 MIDHU MARTIN, S/O MARTIN ERESSERIL AGED 42 YEARS ERESSERIL HOUSE, GUJARATI STREET, BAZAR P.O., ALAPPUZHA -688 012 [THE LEGAL REPRESENTATIVES OF DECEASED SOLE APPELLANT ARE IMPLEADED AS SUPLEMENTAL APPELLANTS 2 TO 4 VIDE ORDER DATED 12/03/2024 IN IA 1/2021] BY ADVS. N.RATHEESH SUMA RATHEESH SHANKAR RETHEESH
RESPONDENTS:
1 MRS.JACINTHA SHAJI AGED 54, W/O,LATE SHAJI CHERIAN, ERESSERIL HOUSE, POWER HOUSE WARD, ALAPPUZHA - 688 007. 2 DR.E.C.XAVIER BABU, AGED 69, S/O.CHERIAN VAZHICHERRY WARD, ALAPPUZHA 688 001.
RFA NO.217 OF 2021
-: 2 :-
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
RFA No.217 of 2021
------------------------------Dated this the 12th day of March, 2024
JUDGMENT
When this matter was taken up on 11.03.2024, there was no representation for the appellants. Today also, there is no representation for the appellants. Hence this appeal is dismissed for nonprosecution.
Sd/Sathish Ninan, Judge
SVP
Martin Eresseril
Grace Martin
Manu Martin
Midhu Martin
Mrs. Jacintha Shaji
Dr. E.C. Xavier Babu
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
