Kerala High Court
*Chandrasekhara Menon vs *1.Gangadharan Pillai on 18 February, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.RAMAKRISHNAN
MONDAY, THE 21ST DAY OF AUGUST 2017/30TH SRAVANA, 1939
SA.No.621 of 2000 (G)
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(AGAINST THE JUDGMENT & DECREE DATED 18.02.1999
IN AS 8/1996 of ADDL.DISTRICT COURT, NORTH PARAVUR)
&
(AGAINST THE JUDGMENT & DECREE DATED 27.11.1995
IN OS 289/1991 of MUNSIFF COURT,ALUVA)
APPELLANT/2ND APPELLANT/LEGAL HEIR OF 2ND PLAINTIFF:
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*CHANDRASEKHARA MENON,(DIED)
S/O. GOPALA PILLAI,
RESIDING AT C-GARDEN,
THOTTAKKATTU KARA, ALUVA,
(REPRESENTED BY POWER OF ATTORNEY HOLDER
K.C.BALAGOPAL, S/O.CHANDRASEKHARA MENON,
RESIDING AT C-GARDEN, THOTTAKKATTUKARA,
ALUVA.)
ADDL. 2ND APPELLANT
K.C.BALAGOPAL, AGED 43 YEARS,
S/O.LATE K.A.CHANDRASEKHARA MENON,
C-GARDEN, THOTTAKKATTU KARA, ALUVA WEST VILLAGE.
(*ADDITIONAL 2ND APPELLANT IMPLEADED AS THE LEGAL
REPRESENTATIVE OF THE DECEASED SOLE APPELLANT AS PER
ORDER DATED 1.4.2005 IN I.A.2448/2004)
BY ADVS.SRI.V.S.CHANDRASEKHARAN
SRI.DINESH R.SHENOY
RESPONDENTS/RESPONDENTS/DEFENDANTS:
----------------------------------
*1.GANGADHARAN PILLAI, N/O.RAMAN PILLAI,(DIED)
RESIDING AT VIII/156,
SREE KRISHNA SWAMY TEMPLE ROAD,
THOTTAKKATTUKARA, ALUVA.
(LRs RECORDED)
2. LAKSHMIKUTTY AMMA,
W/O.GANGADHARAN PILLAI,
RESIDING AT VIII/156,
SREE KRISHNA SWAMY TEMPLE ROAD,
THOTTAKKATTUKARA, ALUVA.
3. V.K.RAMAKRISHNAN, S/O.JANAKY AMMA,
RESIDING AT VIII/156,
SREE KRISHNA SWAMY TEMPLE ROAD,
THOTTAKKATTUKARA, ALUVA.
:2:
SA.No.621 of 2000
4. ROSAMMA JACOB, W/O. JACOB,
THAZHATH VEETIL,
RESIDING AT HOUSE NO.51,
10TH CROSS II STREET, WEST CHURCH ROAD,
RAJAGIRI NAGAR, BANGALORE
(REPRESENTED BY POWER OF ATTORNEY HOLDER,
P.T.JOSEPH, S/O.THOMAS, RESIDING AT HOUSE NO.38/400,
KARITHALA ROAD, ERNAKULAM.)
(*IT IS RECORDED THAT THE 1ST RESPONDENT DIED AND
RESPONDENTS 2 AND 3 ARE THE LEGAL REPRESENTATIVES
OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED
4.6.2002 IN MEMO CF1745/2002).
R2 & R3 BY ADVS. SRI.V.K.GOPALAKRISHNA PILLAI
SRI.K.P.UNNIKRISHNAN
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21-08-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ss
K.RAMAKRISHNAN,J.
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S.A. No.621 of 2000
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Dated this the 21st day of August, 2017
JUDGMENT
When the appeal came up in the defect list on the last hearing date, namely 20.7.2017 for not completing steps for the fourth respondent and following orders have been passed by this court.
"Counsel for the appellant submitted that steps have been taken to complete service on R4. But it is seen from the note of the Registry dated 18.7.2017 that steps as directed as per order dated 30.6.2017 has not been complied with, amendment copy of the appeal memorandum is not produced yet. On the last hearing date when such a submission was made, this court has granted time to cure the defect with a rider that if steps are not taken, then the appeal will stand dismissed for non-prosecution. Even today, the defect has not been cured, counsel prays time. The latches on the part of the party in not complying with the direction can be cured only on payment of cost of Rs.750/- to the Kerala State Mediation and Conciliation Centre within a week. Appellant is granted one week more time to pay cost and also cure the defect as directed by the Registry within that time. If defect is cured and cost is paid then Registry is directed to send notice as per order dated 30.06.2017 to issue notice to R4 by speed post with postal acknowledgment with hearing date 17.8.2017. If defect is not cured and cost is not paid as directed, then the appeal will stand dismissed for non-prosecution.
Post on 21.08.2017."
When the appeal is posted today in the defect list again, counsel for the appellant submitted that, they have no instruction from the S.A. No.621 of 2000 2 party and steps has not been taken as directed and cost is also not paid. That shows that, the appellant is not interested in prosecuting the matter. So the appeal is dismissed for non-prosecution.
Sd/-
(K. Ramakrishnan, Judge) //True Copy// P.A. to Judge ss