Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 RSA NO. 8 OF 2023 AGAINST THE JUDGMENT AND DECREE DATED 09.11.2016 IN A.S. NO.510/2015 OF ADDITIONAL DISTRICT COURT-II, THIRUVANANTHAPURAM AGAINST THE JUDGMENT AND DECREE DATED 25.08.2009 IN I.A. NO.2148/2006 IN O.S. NO.1/1998 F.D. OF MUNSIFF COURT,ATTINGAL APPELLANT/APPELLANT/5TH COUNTER PETITIONER/5TH DEFENDANT: JAYAN AGED 50 YEARS S/O RAJAN, KUNNUVARATHU, THULIKKODU, PULIMATHU PO, R.UMASANKAR P.ARUN KUMAR (MONCOMPU) RESPONDENTS/RESPONDENTS/PETITIONER & COUNTER PETITIONER 1 TO 4/FIRST DEFENDANT, PLAINTIFF AND DEFENDANTS 2 TO 4: 1 VANAJAKSHY 2 SATHYA BHAMA 3 SOUDAMINI D/O NARAYANAN, SADANANDATHIL, PULIMATH PO, 4 SABU S/O LATE SADANANDAN, SADANANDATHIL, PULIMATH PO, 5 SAJITHA D/O LATE SADANANDAN, SADANANDATHIL, PULIMATH PO, LIJU MP - R1 REVATHI R. KURUP(K/1866/2019) - R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA No.8 of 2023
JUDGMENT
Dated this the 05th day of April, 2023 This appeal has been filed against the judgment and decree in A.S. No.510/2015 on the file of Additional District Court-II, Thiruvananthapuram which in turn arouse out the
judgment and decree in I.A. No.2148/2006 in O.S. No.1/1998
F.D. on the file of the Munsiff's Court, Attingal.
2. When the case was taken up, the learned counsel
for the appellant submitted that a memo has been filed to the effect that the appellant is not interested to prosecute the above appeal further as the pendency of this appeal is a hindrance to surrender the property in question to authorities for the construction of a ring road. Hence, he seeks to dismiss the appeal as not pressed. Memo recorded. Accordingly, appeal is dismissed as not pressed. All pending I.As are closed. Sd/- M.R.ANITHA JUDGE SMF