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2026 Supreme(Online)(Ker) 14353

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
KESAVAN – Appellant
Versus
NEW TRICHUR COMPANY PVT LTD – Respondent
OP(C) NO. 2238 OF 2019



Advocates:
For the Appellants/Petitioners: SRI.ARUN ASHOK, SRI.T.R.SHAJU XAVIOUR, SMT.NEENA JAMES
For the Respondents: SHRI.SANTHOSH P.PODUVAL, SMT.R.RAJITHA

Dismissal for non-prosecution occurs when a party fails to appear or be represented in court.

Headnote:In OP

(C) No. 2238 of 2019, the petitioner was absent during the proceedings, leading to a dismissal for non-prosecution. The court noted the absence on prior occasions and ultimately determined a lack of representation warranted dismissal. The key issue was the representation of the petitioner and the court framed it around procedural adherence. The court concluded that the petitioner's failure to appear justified the dismissal, stating this explicitly.

JUDGMENT

Today when the matter is taken up, there is no representation for the petitioner. When the matter was taken up on 08.01.2026, the learned counsel appearing for the petitioner submitted that they have no instructions from the party. Hence, the original petition is dismissed for non-prosecution.

Sd/-

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