Plantation Corpn.Of Kerala Ltd.,Ktm. v. Mrs.Sarala Thomas,Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 RFA.No. 28 of 2004 (C) ----------------------- AGAINST THE JUDGMENT AND DECREE IN OS 11/1989 of PRL.SUB COURT,KOTTAYAM DATED 29-03-2003 APPELLANT/PLAINTIFF:

-------------------- THE PLANTATION CORPORATION OF KERALA LIMITED, POST BOX NO.12, KOTTAYAM-686 004.

BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.MATHEWS K.UTHUPPACHAN SRI.RAJU SEBASTIAN VADAKKEKARA, SC, PLANTATION CORPORATION O RESPONDENT(S)/DEFEDANTS:

------------------------

1. MRS.SARALA THOMAS, C/O.K.I.THOMAS, KALATHIL VEEDU NEAR POLITE TRANSPORT COMPANY, KOTTAYAM-686 004.

2. K.I.THOMAS, KALATHIL VEEDU, NEAR POLITE TRANSPORT COMPANY KOTTAYAM-686 004.

3. M/S.SHIVAGANGA TRANSPORT CORPORATION, 101, TRAPINEX HOUSE, SHOLAPUR STREET BOMBAY-400 009.

R,R3 BY ADV. SRI.K.N.SIVASANKARAN R,R3 BY ADV. SRI.V.V.ASOKAN R,R3 BY ADV. SRI.SUNIL SHANKER THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01.10.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC

ANTONY DOMINIC & P.V.ASHA, JJ.

R.F.A.No.28 of 2004 Dated this the 1st day of October, 2015

JUDGMENT

Antony Dominic, J.

This appeal was posted on 17.7.2015 in the defect list, since service was not completed on R1 & R2 and 10 days time was granted to cure the defect. On 11.9.2015, the case was again listed in the defect list as defect was not cured. There was no representation on that day. Today also the case is still defective.

Since there was no representation, name of the appellant was called. However appellant was also absent. In such circumstances, the appeal is dismissed for default. Sd/- ANTONY DOMINIC, JUDGE.

Sd/- P.V.ASHA, JUDGE.

rkc //true copy// PA to Judge