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2026 Supreme(Online)(Ker) 4380

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
V.FAYISSA – Appellant
Versus
N.P.FAZIL – Respondent
MAT.APPEAL NO. 118 OF 2016 | CO NO. 44 OF 2016



Advocates:
For the Appellants/Petitioners: Shri.V.V.SURENDRAN, Sri.P.A.HARISH
For the Respondents: Smt.KAVERY S THAMPI, Sri.K.M.SATHYANATHA MENON

An appeal can be dismissed if the appellant fails to provide instructions, indicating lack of intent to pursue the case.

Headnote:The appeal was dismissed for non-prosecution due to lack of instructions from the appellant's counsel, alongside a cross-objection that was settled out of court, resulting in a similar dismissal. The Court held a hearing on January 28, 2026. The final decision conveyed involved both the main appeal and cross-objection being dismissed for non-prosecution.

In the light of I.A No.1 of 2026 in CO No.44 of

2016 stating that the disputes have been settled out of court, the Cross Objection will also stand dismissed for non-prosecution.

Sd/-

Sathish Ninan, Judge Sd/-

P. Krishna Kumar, Judge

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