Francis Vs. Joseph

Francis vs Joseph

Type Court Judgment Court Kerala Decided Dec 19, 2012

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https://sooperkanoon.com/case/1012605

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Citation: sooperkanoon.com/1012605
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Dec 19, 2012
Subject: Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

Labour and Industrial

Key legal issue: Labour and Industrial

Parties & Advocates

Appellant / Petitioner

Francis

Respondent

Joseph

Excerpt

.....29 do. do. do.8. antony, s/o. late lonan, aged 27 do. do. do.9. jasmi, d/o.late lonan, aged 23 do. do. do.10. johnson, son of late lonan aged 23 do. do. do.11. joseph, s/o. do. aged 21 do.do.do.12. sebastian, s/o. do. aged 19 do. do. additional respondents impleaded: ------------------------------------------------------------ 13. susani alias vemmi, aged about 5 years, enamavunkal house, edakochi village, kochi-6.14. jolly, aged about 3 years, do. do. do.15. jijo, aged about 3 years, do. do. do.16. jaquline, aged about 2 years, do. do. do. legal heirs of deceased 4 h respondent impleaded as additional respondents 1 to 1.as per order dated 29 3.2012 in i.a. no.496 of 2012.by advocate shri a.antony r2, 4 & 6 this second appeal having been finally heard on 19-12-2012, the court on the same day delivered the following: thomas p.joseph, j.==================================== s.a. no.849 of 1999 ==================================== dated this the 19th day of december, 2012 judgment the learned counsel for the appellant has filed a statement dated 01.11.2012 reporting that since the parties have settled the dispute outside the court the second appeal is not pressed.2. it is pointed out that the 2nd respondent expired. it is also stated that since the property is already sold, it is not necessary to implead the legal representatives of the deceased 2nd respondent.3. heard the learned counsel. submissions are recorded. the second appeal is dismissed as not pressed without any order as to costs. all pending interlocutory applications will stand dismissed. thomas p. joseph, judge. vsv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 SA.NO. 849 OF 199.(A) ------------------------------------- AS.36/1998 OF ADDITIONAL SUB COURT, KOCHI OS.709/1988 OF PRINCIPAL MUNSIFF'S COURT, KOCHI APPELLANT/RESPONDENT/PLAINTIFF: ------------------------------------------------------- FRANCIS, S/O.VAKKO, AGED 79 THATTAZSSERY HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK, KOCHI ”

006. (DIED) ADDITIONAL APPELLANTS IMPLEADED: --------------------------------------------------------- 2. MARY, W/O.LATE FRANCIS AGED 77 THATTASSERY HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK.

3. T.F. GEORGE, S/O.LATE FRANCIS, DO. DO. DO.

4. KUNJAMMA SEBASTIAN, D/O. LATE FRANCIS, AGED 50 DO. DO.

5. T.F. PETER, S/O.LATE FRANCIS, AGED 49 DO. DO. DO.

6. T.F. XAVIDR, S/O.LATE FRANCIS, AGED 45 DO. DO. S.A. No.849 o”

7. BABY DEVASSY, D/O. LATE FRANCIS, AGED 38 KAALIPARAMBU, KUMBALANGI, KOCHI. LEGAL HEIRS OF DECEASED SOLE APPELLANT IMPLEADED AS ADDITIONAL APPELLANTS 2 TO 7 AS PER THE ORDER DATED 29 3.2012 IN I.A.NO.1788 OF 2004.BY ADVOCATES SHRI K.C.CHARLES SHRI A. BALAGOPALAN SHRI A.RAJAGOPALAN RESPONDENTS/APPELLANTS/DEFENDANTS: ----------------------------------------------------------------- 1. JOSEPH, S/O.THOMMAN, AGED 61 KANNAMLI HOUSE, EDAKOCHI VILLAGE, KOCHI TALUK.

2. PEELY, S/O. LONAN, AGED 63 MALIYAKKAL HOUSE, KOCHI TALUK, KOCHI-6.

3. LONAN (DIED) 4. VIRONI, W/O. LATE JOSEPH, AGED 76 ENAMVUNKAL HOUSE, EDAKOCHI VILLAGE, KOCHI - 6. (DIED) 5. SMT. THRESSIA (EXPIRED) 6. JACOB, SON OF LATE LONAN, AGED 32 MADATHIPARAMBIL HOUSE, EDAKOCHI VILLAGE, KOCHI - 6. S.A. No.849 o”

7. ELSY, D/DO. LATE LONAN, AGED 29 DO. DO. DO.

8. ANTONY, S/O. LATE LONAN, AGED 27 DO. DO. DO.

9. JASMI, D/O.LATE LONAN, AGED 23 DO. DO. DO.

10. JOHNSON, SON OF LATE LONAN AGED 23 DO. DO. DO.

11. JOSEPH, S/O. DO. AGED 21 DO.DO.DO.

12. SEBASTIAN, S/O. DO. AGED 19 DO. DO. ADDITIONAL RESPONDENTS IMPLEADED: ------------------------------------------------------------ 13. SUSANI ALIAS VEMMI, AGED ABOUT 5 YEARS, ENAMAVUNKAL HOUSE, EDAKOCHI VILLAGE, KOCHI-6.

14. JOLLY, AGED ABOUT 3 YEARS, DO. DO. DO.

15. JIJO, AGED ABOUT 3 YEARS, DO. DO. DO.

16. JAQULINE, AGED ABOUT 2 YEARS, DO. DO. DO. LEGAL HEIRS OF DECEASED 4 H RESPONDENT IMPLEADED AS ADDITIONAL RESPONDENTS 1 TO 1.AS PER ORDER DATED 29 3.2012 IN I.A. NO.496 OF 2012.BY ADVOCATE SHRI A.ANTONY R2, 4 & 6 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J.

==================================== S.A. No.849 of 1999 ==================================== Dated this the 19th day of December, 2012 JUDGMENT

The learned counsel for the appellant has filed a statement dated 01.11.2012 reporting that since the parties have settled the dispute outside the court the Second Appeal is not pressed.

2. It is pointed out that the 2nd respondent expired. It is also stated that since the property is already sold, it is not necessary to implead the legal representatives of the deceased 2nd respondent.

3. Heard the learned counsel. Submissions are recorded. The Second Appeal is dismissed as not pressed without any order as to costs. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv

Same Court & Year Kerala · 2012 Same Parties Francis vs Joseph Same Subject Labour and Industrial Same Judge Honourable Mr.Justice Thomas P.Joseph