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2026 Supreme(Online)(Ker) 2218

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
DR.SUNIMAL BHAGGIEN – Appellant
Versus
ROSHAN JOHN – Respondent
RFA NO. 177 OF 2010



Important Points

An appeal can be dismissed for non-prosecution when appellants fail to represent or respond adequately.

Subject

Civil - Appeal

Headnote

The High Court of Kerala addressed the appeal in RFA No. 177 of 2010 concerning the non-prosecution of the case, noting failed service of notice to the appellants. The court found that due to the appellants' absence and lack of representation, the appeal must be dismissed. The pivotal issue was non-prosecution due to the appellants' unresponsiveness and return of notices. Consequently, the court concluded that the appeal was dismissed.

Advocates:
For the Appellants/Petitioners: G.VENUGOPAL

Table of Content
1. court notes lack of representation leading to appeal status. (Para 1)
2. notices returned unclaimed and absence noted. (Para 2 , 3 , 4)

JUDGMENT

This Court, on 18.08.2025, recorded that there was no representation for the respondent and directed the Registry to issue notice to both sides. Notice issued to the 1st appellant returned with the endorsement 'left' and notice to the 2nd appellant returned without any endorsement. This Court, on 15.09.2025 directed the Registry to show the name of the appellants' counsel in the cause list.

2. When the matter came up for consideration on 06.10.2025, it was submitted that Adv.V.Santharam, Adv.Anto Thomas and Adv. Lakshmeesh S.Kamath have already relinquished their vakalath for the appellants and a memo has been filed to the said effect. This Court, on

30.10.2025, again directed the Registry to issue notice to the appellants.

3. On 16.12.2025, this Court directed the Registry to get instructions from the concerned Post Office as to whether notice had been delivered/

served to the appellants.

4. The Registry has endorsed that as per the details taken from the official website of the Post Office, notice to the appellants returned with the endorsement “unclaimed”.

In the said circumstances, this appeal is dismissed for non-prosecution.

Sd/-

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