Vasudevan vs Radhakrishnan

Type Court Judgment Court Kerala Orders Decided Mar 14, 2024

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Citation: sooperkanoon.com/1314553
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Mar 14, 2024
Case Number: RSA/126/2024

Parties & Advocates

Appellant / Petitioner

Vasudevan

Respondent

Radhakrishnan

Excerpt

.....223/1+111, kannaki nagar, moothanthara,koduvayur post, palakkad., pin - 678501 6 chandran aged 63 years s/o kuppankutty, 10/242, pirayiri post, ayyappankavu, 7 rajesh aged 37 years s/o chandran, 10/242, pirayiri post, ayyappankavu, 8 radhika aged 34 years 9 lathika aged 32 years this regular second appeal having come up for admission on 14.03.2024, the court on the same day delivered the following:judgmentdated this the 14th day of february, 2024 this regular second appeal has been filed underorder xlii rule 1 read with section 100 of the code of civilprocedure (“cpc” hereinafter) challenging the decree andjudgment in a.s. no.22 of 2023 dated 13.11.2023 on the files ofthe court of the district judge, palakkad arose from decree andjudgment in o.s. no.278 of 2019 dated 22.12.2022 on the filesof the principal munsiff court, palakkad.2. the learned counsel for the appellant seekspermission to withdraw this appeal, in view of filing of fao (ro) under order 43 rule 1 (u) of cpc, the proper remedy available to the appellant. permission granted.3. accordingly, this regular second appeal standsdismissed as withdrawn, with liberty to go with the fao (ro). all interlocutory applications pending in this regular second appeal stand dismissed. sd/- a. badharudeen judge sk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 RSA NO. 126 OF 2024 AGAINST THE DECREE AND JUDGMENT DATED 13.11.2023 IN AS NO.22 OF 2023 ON THE FILES OF THE COURT OF THE DISTRICT JUDGE, PALAKKAD AROSE FROM THE DECREE AND JUDGMENT DATED 22.12.2022 IN OS NO.278 OF 2019 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD APPELLANT/RESPONDENT NO.1/DEFENDANT NO.1: VASUDEVAN AGED 49 YEARS BY ADVS. SAJAN VARGHEESE K. LIJU. M.P RESPONDENTS/APPELLANT & RESPONDENTS NO.2 TO 9/PLAINTIFF & DEFENDANTS 2 TO 9:
1 RADHAKRISHNAN AGED 46 YEARS 2 LEELA P AGED 53 YEARS W/O GOPALAN, 49/586,ARYAKULAM, KOZHIPPARA, VADAKKANTHARA POST, PALAKKAD, PIN - 678102 3 RATHNAM P AGED 51 YEARS W/O KUNJUNNI, AMBALATH HOUSE, JOURNALIST VILLAGE, PANCHAYAT ROAD JUNCTION,KUZHIVELIPPADY POST, EDATHALA, ERNAKULAM DISTRICT, PIN - 683561 4 BABY P AGED 50 YEARS W/O KANAKARAJAN, 9/310, KANNAKI NAGAR, MOOTHANTHARA, PALAKKAD, PIN - 678012 5 SUJATHA P AGED 48 YEARS W/O BHASKARAN, 223/1+111, KANNAKI NAGAR, MOOTHANTHARA,
KODUVAYUR POST, PALAKKAD., PIN - 678501 6 CHANDRAN AGED 63 YEARS S/O KUPPANKUTTY, 10/242, PIRAYIRI POST, AYYAPPANKAVU, 7 RAJESH AGED 37 YEARS S/O CHANDRAN, 10/242, PIRAYIRI POST, AYYAPPANKAVU, 8 RADHIKA AGED 34 YEARS 9 LATHIKA AGED 32 YEARS THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 14th day of February, 2024 This regular second appeal has been filed under

order XLII Rule 1 read with Section 100 of the Code of Civil

Procedure (“CPC” hereinafter) challenging the decree and

judgment in A.S. No.22 of 2023 dated 13.11.2023 on the files of

the Court of the District Judge, Palakkad arose from decree and

judgment in O.S. No.278 of 2019 dated 22.12.2022 on the files

of the Principal Munsiff Court, Palakkad.

2. The learned counsel for the appellant seeks

permission to withdraw this appeal, in view of filing of FAO (RO) under Order 43 Rule 1 (u) of CPC, the proper remedy available to the appellant. Permission granted.

3. Accordingly, this regular second appeal stands

dismissed as withdrawn, with liberty to go with the FAO (RO). All interlocutory applications pending in this regular second appeal stand dismissed. Sd/- A. BADHARUDEEN JUDGE SK

Same Court & Year Kerala Orders · 2024 Same Parties Vasudevan vs Radhakrishnan Same Judge Honourable Mr. Justice a. Badharudeen