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P. Satheesh Kumar vs Nishanth S.M

P. Satheesh Kumar vs Nishanth S.M

Type Court Judgment Court Kerala Orders Decided May 30, 2022
~3 min read
https://sooperkanoon.com/case/1470443

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
FAO (RO)/224/2014

Parties & Advocates

Appellant / Petitioner

P. Satheesh Kumar

Respondent

Nishanth S.M

Excerpt

.....residing at t.c.16/782, opp.krishnan kovil, jagathy, thiruvananthapuram. pin 695 001. 7 manoj manickan, aged 37 years, formerly residing at near tansi nager, 20th street, valacherry, chennai - 42, now residing at 200 feet, mmda, radioal road, kovilambakkam, chennai - 600 129. 8 bipin shivas, aged 35 years, residing at 9 sreekanth, aged 35 years, residing at 10 m/s.canara bank, cantonment branch, thiruvananthapuram, represented by its assistant general manager, pin 695 001.sri.m.balagovindan for r3, r5, r6. sri.p.b.krishnan, sri.p.m.neelakandan, sri.s.nithin anchal, sri.sabu george & sri.p.b.subramanyan for r1 & r2. sri.nishanth s.m & sri.p.c.haridas for r4,r7,r8 sri.paul mathew muricken for r10. this first appeal from order - remand order having come up for admission on 30.05.2022, the court on the same day delivered the following: fao (ro) no.224 of 2014 3p.somarajan, j.------------------------------------------------ fao(ro) no.224 of 2014 ---------------------------------------------------- dated this the 30th day of may, 2022.judgmentthe appellant's counsel remained absent. nobody even represented. this is an appeal against the order of remand. now, eight years already elapsed.2. 5th respondent reported dead. no steps have beentaken. hence the appeal is dismissed for non-prosecution and also as abated as against the 5th respondent. the parties shall appear before the trial court on 08-06-2022 so as to proceed further with the matter. sd/- p. somarajan, judge amk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 FAO (RO) NO. 224 OF 2014 AGAINST THE JUDGMENT IN OS 199/2006 OF PRINCIPAL SUB COURT, TRIVANDRUM DATED 3-9-2011. AGAINST THE JUDGMENT IN AS 284/2011 OF III ADDITIONAL DISTRICT COURT, TRIVANDRUM DATED 16-1-2014. APPELLANT/RESPONDENT NO.8/ADDL.RESPONDENT NO.8 : P. SATHEESH KUMAR, AGED 44 YEARS, S/O. PADMANABHA PILLAI, RESIDING AT T.C. 20/50(24), PREM NAGAR, NO. 50, C.I.J ROAD, KARAMANA, THIRUVANANTHAPURAM. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN RESPONDENTS/APPELLANTS/RESPONDENTS 1 TO 7 & 9/PLAINTIFFDEFENDANT 1 TO 7 AND ADDL.DEFENDANT NO.9 :

1 NISHANTH S.M, AGED 33 YEARS, S/O.M. SIVANANDAN, FORMERLY RESIDING AT CHINNADAK COM (P) LIMITED, CHENNAI, TAMIL NADU, NOW RESIDING AT T.C 23/1359, ARA, MELARANOOR, OPP. K.S.E.B, 2 S. ARUN MANICKAM, AGED 28 YEARS, FORMERLY RESIDING AT SATHYA BHAMA COLLEGE, CHENNAI, NOW RESIDING AT T.C 23/1359, NOW RESIDING AT T.C 23/1359, ARA, MELARANOOR, OPPO. K.S.E.B, 3 M. SUBRAMANIAN, AGED 70 YEARS, RESIDING AT T.C 20/1587, S.N.A E 55, SASTHRI NAGAR, EAST KARAMANA - 695 002. 4 M. RAMASWAMY, AGED 68 YEARS, RESIDING AT MAKAYIRAM, KOCHAR ROAD, JAGATHY, THIRUVANNATHAPURAM - 695 001.

FAO (RO) No.224 of 2014 2

5 M. SIVANANDAN, AGED 65 YEARS, FORMERLY RESIDING AT T.C. 17/831,A-112, CHITRA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM, NOW RESIDING AT T.C 23/1359, ARA, MELARANOOR, OPP. K.S.E.B, KARAMANA SECTION OFFICE, THIRUVANANTHAPURAM - 2. 6 M.MOHANAN, AGED 60 YEARS, RESIDING AT T.C.16/782, OPP.KRISHNAN KOVIL, JAGATHY, THIRUVANANTHAPURAM. PIN 695 001. 7 MANOJ MANICKAN, AGED 37 YEARS, FORMERLY RESIDING AT NEAR TANSI NAGER, 20TH STREET, VALACHERRY, CHENNAI - 42, NOW RESIDING AT 200 FEET, MMDA, RADIOAL ROAD, KOVILAMBAKKAM, CHENNAI - 600 129. 8 BIPIN SHIVAS, AGED 35 YEARS, RESIDING AT 9 SREEKANTH, AGED 35 YEARS, RESIDING AT 10 M/S.CANARA BANK, CANTONMENT BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, PIN 695 001.

SRI.M.BALAGOVINDAN FOR R3, R5, R6. SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.S.NITHIN ANCHAL, SRI.SABU GEORGE & SRI.P.B.SUBRAMANYAN FOR R1 & R2. SRI.NISHANTH S.M & SRI.P.C.HARIDAS FOR R4,R7,R8 SRI.PAUL MATHEW MURICKEN FOR R10. THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING COME UP FOR ADMISSION ON 30.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO (RO) No.224 of 2014 3

P.SOMARAJAN, J.

------------------------------------------------ FAO(RO) No.224 of 2014 ---------------------------------------------------- Dated this the 30th day of May, 2022.

JUDGMENT

The appellant's counsel remained absent. Nobody even represented. This is an appeal against the order of remand. Now, eight years already elapsed.

2. 5Th respondent reported dead. No steps have been

taken. Hence the appeal is dismissed for non-prosecution and also as abated as against the 5th respondent. The parties shall appear before the trial court on 08-06-2022 so as to proceed further with the matter. Sd/- P. SOMARAJAN, JUDGE amk

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