Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945 RSA NO. 451 OF 2023 AGAINST THE DECREE AND JUDGMENT DATED 30.03.2023 IN A.S.NO.16/2021 ON THE FILES OF THE DISTRICT COURT, PATHANAMTHITTA AROSE FROM THE DECREE AND JUDGMENT DATED 12.03.2021 IN O.S.NO.93/2013 ON THE FILES OF THE COURT OF THE SUBORDINATE JUDGE, PATHANAMTHITTA APPELLANTS IN R.S.A/APPELLANTS IN A.S./PLAINTIFFS IN O.S.:
1 K. JOHN @ ASHOK AGED 72 YEARS, S/O LATE K.G. JOSEPH, MAMMUTTIL ESTATE, OOTTUPARA, ARUVAPPULAM VILLAGE, KONNY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 2 DR. USHA GICE GEORGE AGED 72 YEARS, W/O GEORGE, VIJAYAPURAM ESTATE, PATTAZHI MURI, EZHAMKULAM VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691556 3 SUSAN ABRAHAM AGED 64 YEARS, W/O ABRAHAM, KADAMPLAVIL VEEDU, THUMPAMON MURI, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 BY ADV LATHEESH SEBASTIAN
RESPONDENTS IN R.S.A/RESPONDENT NOS.2 TO 6 AND 9 IN A.S./DEFENDANTS NO.2 TO 6 AND 9 IN O.S.: 1 JOHN JOSEPH AGED 74 YEARS, S/O GEORGE, VADAKKEDATHU HOUSE, KALLELI P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT NOW RESIDING AT VADAKKEDATHU HOUSE, VADAVATHOOR P.O., KALATHIPADI, NATTASERI MURI, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT, PIN - 689691 2 MARIAMMA GEORGE AGED 82 YEARS W/O JOSEPH GEORGE,VADAKKADATHU HOUSE, KALLELY P.O, ARUVAPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA,
3 MEENU JOSEPH AGED 42 YEARS, W/O. NINAN VADAKKADATHU HOUSE, KALLELY P.O, ARUVAPULAM VILLAGE, KONNI TALUK, 4 SUNU MATHEW AGED 40 YEARS, W/O. JOJO VADAKKADATHU HOUSE, KALLELY P.O, ARUVAPULAM VILLAGE, KONNI TALUK, 5 SANA MATHEW AGED 37 YEARS, W/O. ADV. SANTHOSH MATHEW, VADAKKADATHU HOUSE, KALLELY P.O, ARUVAPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA, PIN - 689691 6 BINDHU JOSEPH AGED 39 YEARS, D/O JOSEPH GEORGE, VADAKKEDATHU HOUSE, KALLELI, ARUVAPPULAM VILLAGE, KONNI TALUK, R2 TO R5 BY ADVS. SANTHOSH MATHEW B.G.HARINDRANATH ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 15.12.2023 ALONG WITH R.S.A.NO.452/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945 RSA NO. 452 OF 2023 AGAINST THE DECREE AND JUDGMENT DATED 30.03.2023 IN A.S.NO.15/2021 ON THE FILES OF THE DISTRICT COURT, PATHANAMTHITTA AROSE FROM THE DECREE AND JUDGMENT DATED 12.03.2021 IN O.S.NO.34/2016 ON THE FILES OF THE COURT OF THE SUBORDINATE JUDGE, PATHANAMTHITTA APPELLANTS IN R.S.A/APPELLANTS IN A.S./PLAINTIFFS IN O.S:
1 K. JOHN @ ASHOK AGED 72 YEARS S/O LATE K.G. JOSEPH, MAMMUTTIL ESTATE, OOTTUPARA, ARUVAPPULAM VILLAGE, KONNY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 2 DR. USHA GICE GEORGE AGED 78 YEARS W/O GEORGE, VIJAYAPURAM ESTATE, PATTAZHI MURI, EZHAMKULAM VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691556 3 SUSAN ABRAHAM AGED 70 YEARS W/O ABRAHAM, KADAMPLAVIL VEEDU, THUMPAMON MURI, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689502 BY ADV LATHEESH SEBASTIAN
RESPONDENTS IN R.S.A/RESPONDENT NOS.2 TO 10 & 13 IN A.S./DEFENDANT NOS. 2 TO 10 & 13 IN O.S.: 1 JOHN JOSEPH AGED 75 YEARS S/O GEORGE, VADAKKEDATHU HOUSE, KALLELI P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 NOW RESIDING AT VADAKKEDATHU HOUSE, VADAVATHOOR P.O.,
KALATHIPADI, NATTASERI MURI, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT, PIN - 686010 2 MARIAMMA GEORGE AGED 82 YEARS W/O JOSEPH GEORGE, VADAKKADATHU HOUSE, KALLELY P.O, 3 MEENU NINAN AGED 39 YEARS W/O. NINAN, VADAKKADATHU HOUSE, KALLELY P.O, PATHANAMTHITTA, 4 SUNU JOJO AGED 38 YEARS W/O. JOJO, VADAKKADATHU HOUSE, KALLELY P.O, PATHANAMTHITTA, 5 SANA GEORGE AGED 40 YEARS W/O. ADV. SANTHOSH MATHEW VADAKKADATHU HOUSE, KALLELY P.O, PATHANAMTHITTA, PIN - 689691 6 K GEORGE AGED 75 YEARS S/O LATE KG.JOSEPH, MAMUTTIL ESTATE, OOTTUPARA MURI, ARUVAPPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA, 7 BINDHU JOSEPH AGED 39 YEARS D/O JOSEPH GEORGE, VADAKKEDATHU HOUSE, KALLELI, ARUVAPPULAM VILLAGE,KONNI TALUK, PATHANAMTHITTA, 8 PAPPY PONNACHAN AGED 67 YEARS S/O LATE VARGHESE PAPPY, THOTTUMKARA MURIPPEL HOUSE, KALLELI P.O., ARUVAPPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 9 PAPPY BABY AGED 75 YEARS S/O LATE VARGHESE PAPPY, THOTTUMKARA MURIPPEL HOUSE, KALLELI P.O., ARUVAPPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 10 MATHEW VARGHESE AGED 44 YEARS D/O. THOMAS, KADUVINAL HOUSE, KALLELY P.O., ARUVAPPULAM VILLAGE, KONNY TALUK, PATHANAMTHITTA DISTRICT, R2 TO R5 BY ADVS. SANTHOSH MATHEW
B.G.HARINDRANATH ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 15.12.2023 ALONG WITH R.S.A.NO.451/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 15th day of December, 2023 These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure challenging the decrees and common
judgment in A.S. Nos. 15 and 16 of 2021 dated 30.03.2023
on the files of the District Court, Pathanamthitta arose from the decrees and common judgment in O.S. Nos. 93 of 2013 and 34 of 2016 dated 12.03.2021 on the files of the Court of the Subordinate Judge, Pathanamthitta.
2. In these matters, the respondents insisted
hearing of these matters on 09.10.2023. But on the request of the learned counsel for the appellants, these appeals stand adjourned after four weeks. The order is as under: The learned counsel for the appellants sees time to hear the matter. The order of status quo already in force shall continue for a period of 4 weeks. Post after 4 weeks, along with the connected case.
3. When these appeals posted on 23.11.2023, again the learned counsel for the appellants sought adjournment and the counsel was granted adjournment specifically ordering as under:
This matter stands adjourned on the request of the learned counsel for the appellant, on the ground that he has been continuing his infirmity in arguing the matter. Hence, post this matter for hearing finally, after three weeks, or the appellant shall make alternative arrangements to argue the matter, positively, after three weeks. No further adjournment will be granted. Status quo order shall continue for a period of three weeks.
4. When the matter posted for today, the
appellants’ counsel is not ready to argue the matter on merits. The appellant appeared in person and seeks time for a period of one month on the ground that he have to undergo a surgery. Thus, it appears that the appellants are playing dilatory tactics to protract hearing of these appeals, where the otherside pressed for urgent hearing.
5. Therefore, this Court has no other alternative
order than to dismiss these appeals for default. Therefore,
these regular second appeals stand dismissed for non prosecution. All interlocutory application also stand dismissed and the interim stay in executing the decree shall stand vacated. Sd/- A. BADHARUDEEN SK JUDGE