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2026 Supreme(Online)(Ker) 35431
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Fayis K – Appellant
Versus
Suman V.P – Respondent
MAT.APPEAL NO.752 OF 2022
Advocates:
For the Appellants/Petitioners:
For the Respondents: R. Padmakumari
For the Appellants/Petitioners:
For the Respondents: R. Padmakumari
An appellate court may dismiss an appeal for non-prosecution where the appellant consistently fails to appear or be represented on the dates fixed for hearing.
Headnote:The present appeal was instituted against the judgment dated 30-07-2022 passed by the Family Court, Malappuram in OP No.762 of 2020. The matter concerns a matrimonial dispute, wherein the appellants failed to attend despite notice. The core issue before the Court was the continued absence of representation for the appellants on multiple hearing dates, specifically on 10/06/2026 and 17/06/2026. The Court reasoned that persistent non-appearance hinders the appellate process and necessitates closure of the proceedings. The appeal stands dismissed for non-prosecution.
| Table of Content |
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| 1. dismissal of appeal due to failure of the appellant to appear for representation. (Para 1 , 2) |
Sathish Ninan,
&
P.Krishna Kumar, JJ.
Mat.Appeal.No.752 of 2022
Dated this the 17th day of June, 2026
JUDGMENT
Sathish Ninan, J.
1. When the appeal was listed for hearing on 10/06/2026, there was no representation for the appellants. Accordingly, it was adjourned to this day for hearing.
2. Today also, there is no representation for the appellants. Hence, the appeal is dismissed for non-prosecution.
