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2026 Supreme(Online)(Ker) 14912

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
PRESIDENT CHOVVA EDUCATIONAL SOCIETY – Appellant
Versus
ARAKKAL ADIRAJA SAJIDA BEEBI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. K. V. PAVITHRAN, SRI. JAYANANDAN MADAYI PUTHIYAVEETTIL, SRI. E. M. UNNIKRISHNAN (MANJERI), SRI. P. P. RAMACHANDRAN

JUDGMENT

This Court, on 05.11.2012 admitted the appeal on the substantial questions of law as raised in the memorandum of appeal and issued notice to sole respondent by speed post. The Registry has now reported that even after 13 years, the appeal having been admitted, the appellants still have not taken steps to issue notice to the sole respondent.

2. Though, the learned Counsel for the appellants prays a short time, this Court is not inclined to grant time. Even after 13 years the appeal having already been admitted to the file, this Court cannot now call the respondent to appear and answer substantial questions of law. It is not a case where the steps taken were defective. The appellant has not even cared to pay the process fee on the appeal after being admitted. In such circumstances, there is clear violation of Rule 67 of the Kerala High Court Rules , 1971, and, therefore, the oral request for extension of time for payment of process fee is not found to be acceptable.

3. In such circumstances, this Court has no other alternative but to dismiss the appeal for non-prosecution. Accordingly, the present appeal is hereby dismissed for 'non-prosecution’.

Sd/-

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