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2023 Supreme(Online)(KER) 20407

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
A.N.SANU – Appellant
Versus
THE KERALA STATE ELECTRICITY BOARD – Respondent


Advocates:
C.S.MANU, A.ARUNKUMAR A (STANDING COUNSEL - R1 & R2)

JUDGMENT

Anil K. Narendran, J.

The appellant is the 1st defendant in O.S.No.123 of 2012 on the file of the Sub Court, Alappuzha, which was one filed by respondents 1 and 2 herein-plaintiffs against the appellant and two others, who are arrayed as respondents 3 and 4 herein, for realisation of Rs.92,48,453.50/- being the value of copper scrap allegedly misappropriated by the defendants and for other consequential reliefs. The defendants filed individual written statements raising various contentions. The suit was listed for trial on 03.10.2017. On the side of the plaintiffs, PWs.1 to 3 were examined and Exts.A1 to A14 were marked. Since the 1st defendant remained absent, he was set ex parte. Defendants 2 and 3 did not adduce any oral or documentary evidence. The Sub Court, by the judgment and decree dated 31.10.2017, decreed the suit against defendants 1 and 2 and they were directed to pay Rs.92,48,453.50/- to the 1st plaintiff within three months. The suit against the 3rd defendant was dismissed. Defendants 1 and 2 were held jointly and severally liable to pay the amount to the 1st plaintiff with costs. Seeking an order to set aside the ex parte decree dated 31.10.2017 in O.S.No.123

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