Kesavan vs Ramankutty

Type Court Judgment Court Kerala Decided Jun 30, 2023

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Citation: sooperkanoon.com/1349649
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jun 30, 2023
Case Number: FAO/282/2012

Parties & Advocates

Appellant / Petitioner

Kesavan

Respondent

Ramankutty

Excerpt

.....pulinikkumkalayil 10 thankan s/o.govindan, hindu, aged 50, pulinikkumkalayil 11 mohanan s/o.govindan, hindu, aged 48, pulinikkumkalayilthis first appeal from orders having come up for admission on 30.06.2023, the court on the same day delivered the following:judgmentanil k.narendran, j.the appellant filed a.s.no.52 of 2002 before theadditional district court, kottayam, challenging the judgmentand decree of the munsiff's court, ettumanoor in o.s.no.192 of 1987. that appeal was dismissed for default on 20.08.2010. for restoration,the appellant filed ia no.1872 of 2010, which was supported by i.a.no.1871 of 2010 for condonation of delay of 41 days. both the applications ended in dismissal by the order dated 02.08.2011, which is under challenge in this appeal filed invoking the provisions underorder xliii rule 1(c) of the code of civil procedure, 1908.2. on 18.09.2012, when this appeal came up foradmission, this court issued urgent notice before admission to the respondents by speed post returnable within ten days. service of notice is not complete on some of the respondents.3. today, when the matter is taken up forconsideration, the learned counsel for the appellant would submit that the appellant is no more and despite sending registered letter, there is no instructions from his legal heirs. in such circumstances, this appeal is dismissed as abated. sd/- anil k. narendran, judge sd/- p.g. ajithkumar, judge pv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 AGAINST THE COMMON ORDER IN I.A.NO.1871/10 AND 1872/10 IN A.S.NO.52/02 BEFORE THE ADDITIONAL DISTRICT COURT,KOTTAYAM APPELLANT/PETITIONER/APPELLANT: KESAVAN S/O.RAMAN, HINDU, AGED 61,CHENTHITTAKUNNEL HOUSE, KURUMULLOOR KARA, DO, P.O.,PINCODE - 686639, KANAKARI VILLAGE. BY ADVS. SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. RESPONDENTS/CR.PETITIONERS/RESPONDENTS:
1 RAMANKUTTY S/O.KESAVAN, HINDU, AGED 61, MANNOOSSERIL HOUSE, KANJIRAPPALLY KARA, KANJIRAPALLY P.O, PIN CODE - 686512, KANJIRAPPALLY VILLAGE FROM MANNOOSSERIL HOUSE, PULIYANNOOR KARA, PULIYANNOOR VILLAGE 2 KARUNAN S/O.KESAVAN, HINDU, AGED 58, KANJIRAPALLY P.O, PIN CODE - 686512, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE FROM MANNOOSSERIL HOUSE, PULIYANNOOR KARA, PULIYANNOOR VILLAGE 3 GOPALAN S/O.KESAVAN, HINDU, AGED 55, MANNOOSSERIL HOUSE, PULIYANNOOR KARA, PULIYANNOR P.O, PIN CODE -
686573, PULIYANNOR VILLAGE 4 SUKUMARAN S/O.KESAVAN, HINDU, AGED 52, MANNOOSSERIL HOUSE, PULIYANNOOR KARA, PUIYANNOR P.O., PIN - 686 573. 5 SANKARAN S/O.NARAYANAN, HINDU, AGED 56, PULINIKKUMKALAYIL HOUSE, KURUMULLOOR KARA, KURUMMALLOOR P.O, PIN CODE - 686636 KANAKKARI VILLAGE 6 KRISHNAN S/O. NARAYANAN, HINDU, AGED 56, PULINIKKUMKALAYIL HOUSE, KURUMMALLOOR P.O, PIN CODE - 686639, KANAKKARI VILLAGE 7 KRISHNAN S/O.GOVINDAN, HINDU, AGED 56, PULINIKKUMKALAYIL 8 UNNI S/O.GOVINDAN, HINDU,AGED 56, PULINIKKUMKALAYIL 9 SUKUMARAN S/O.GOVINDAN, HINDU, AGED 58, PULINIKKUMKALAYIL 10 THANKAN S/O.GOVINDAN, HINDU, AGED 50, PULINIKKUMKALAYIL 11 MOHANAN S/O.GOVINDAN, HINDU, AGED 48, PULINIKKUMKALAYIL
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K.Narendran, J.

The appellant filed A.S.No.52 of 2002 before the

Additional District Court, Kottayam, challenging the judgment

and decree of the Munsiff's Court, Ettumanoor in O.S.No.192 of 1987. That appeal was dismissed for default on 20.08.2010. For restoration,the appellant filed IA No.1872 of 2010, which was supported by I.A.No.1871 of 2010 for condonation of delay of 41 days. Both the applications ended in dismissal by the order dated 02.08.2011, which is under challenge in this appeal filed invoking the provisions under

Order XLIII Rule 1(c) of the Code of Civil Procedure, 1908.

2. On 18.09.2012, when this appeal came up for

admission, this Court issued urgent notice before admission to the respondents by speed post returnable within ten days. Service of notice is not complete on some of the respondents.

3. Today, when the matter is taken up for

consideration, the learned counsel for the appellant would submit that the appellant is no more and despite sending registered letter, there is no instructions from his legal heirs. In such circumstances, this appeal is dismissed as abated. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE PV

Same Court & Year Kerala · 2023 Same Parties Kesavan vs Ramankutty Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...