Bank Of India v. Venugopalan Nair

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 RFA.No. 374 of 2004 ---------------------------- AGAINST THE JUDGMENT IN OS 167/1998 of I ADDL.SUB COURT, ERNAKULAM DATED 22-11-2003 APPELLANT/PLAINTIFF:

BANK OF INDIA, SHUNMUGHAM ROAD BRANCH, ERNAKULAM, COCHIN-31, REPRESENTED BY.

BY ADVS.SRI.M.P.RAMACHANDRAN NAIR (SR.) SRI.DEVAN RAMACHANDRAN RESPONDENTS/DEFENDANTS:

1. MR.VENUGOPALAN NAIR, S/O. VASUDEVAN NAIR 9/667, PONNAMIVEETIL, CHERANELLUI COCHIN.

2. MR.RAFIQUE S/O. MOHAMMED, 8/9080, KAPPALANDI MUKKU, MATTANCHERRY, COCHIN-2.

3. MR.SHAJI, S/O. JAISINTH, 9/42, KOOVAPPADAM, THOPPUMPADY, COCHIN.

4. MR.HARISON, BROTHER OF MANSAR SAIT, OPPOSITE MUJAHID SCHOOL, PANAYAPPALLY, COCHIN. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.374 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2015

JUDGMENT

Antony Dominic, J.

Though this appeal was filed as early as in 2004, court fee has not been paid so far. When this appeal came up for consideration on 13.11.2015, the matter was adjourned at the instance of the counsel for the appellant to obtain instruction whether the issue is still alive or not. Today when the matter was taken up, there was no representation for the appellant. Despite calling the name, the appellant was also absent. Appeal is dismissed for default.

SD/- ANTONY DOMINIC JUDGE SD/- P.V.ASHA JUDGE jes