Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 RSA NO. 988 OF 2010 AGAINST THE JUDGMENT AND DECREE IN AS 103/2006 OF DISTRICT COURT, PALAKKAD OS 243/1998 OF PRINCIPAL SUB COURT, PALAKKAD APPELLANTS/RESPONDENTS/DEFENDANTS: 1 PACHIYAMMAL, W/O LATE PAZHANI KOUNDER AGED 83 YEARS, KULATHUKATTIL, NEAR MALAYANKADU,, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, 2 SAKTHIVEL, S/O.LATE PAZHANI KOUNDER AGED 54 YEARS, KULATHUKATTIL, NEAR MALAYANKADU, VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN RESPONDENTS/APPELLANTS/PLAINTIFFS:
1 MARATHAL, W/O. LATE MAYILSWAMY KOUNDER AGED 53 YEARS,KULATHUKATTIL, NEAR MALAYANKADU, VALIYAVALLAMPATHY VILLAGE,CHITTUR TALUK, 2 ANANDHKUMAR, S/O.LATE MAYILSWAMY KOUNDER AGED 33 YEARS,KULATHUKATTIL, NEAR MALAYANKADU, VALIYAVALLAMPATHY VILLAGE,CHITTUR TALUK, 3 KUNCHI ALIAS PARAMESWARI, D/O.LATE MAYILSWAMY KOUNDER,AGED 32 YEARS,KULATHUKATTIL, NEAR MALAYANKADU,VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK,PALAKKAD DISTRICT. 4 SUBRAMANIAN, S/O.LATE PAZHANI KOUNDER, AGED 45 YEARS, KULATHUKATTIL, NEAR MALAYANKADU, VALIYAVALLAMPATHY VILLAGE,, CHITTUR TALUK,
SRI.R.HARISHANKAR - R1 TO R3 SRI.SAJAN VARGHEESE K - R4 SRI.LIJU. M.P - R4 SMT.PARVATHY NAIR - R1 TO R3 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 22.08.2023, ALONG WITH CO.11/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 CO NO. 11 OF 2020 AGAINST THE JUDGMENT AND DECREE IN AS 103/2006 OF DISTRICT COURT, PALAKKAD OS 243/1998 OF PRINCIPAL SUB COURT, PALAKKAD CROSS OBJECTOR/4TH RESPONDENT/3RD RESPONDENT/3RD DEFENDANT: SUBRAMANIYAN AGED 55 YEARS SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS/APPELLANTS & RESPONDENTS NO.1 TO 3/RESPONDENTS NO.1 AND 2 & APPELLANTS/DEFENDANTS NO.1 AND 2 & PLAINTIFFS: 1 PACHIYAMMAL AGED 92 YEARS MALANKADU, NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE, 2 SAKTHIVEL AGED 64 YEARS CHITTUR TALUK,PALAKKAD DISTRICT-678 554. 3 MARATHAL AGED 63 YEARS,W/O. LATE MAYILSWAMY KOUNDER, KULATHUKATTIL, NEAR MALANKADU, VALIYAVALLAMPATHY VILLAGE, NATTUKAL POST, CHITTUR TALUK,PALAKKAD DISTRICT-678 554. 4 ANANDKUMAR, AGED 43 YEARS S/O. LATE MAYILSWAMY KOUNDER, KULATHUKATTIL, NEAR 5 KUCHI @ PARAMESWARI AGED 41 YEARS S/O. LATE MAYILSWAMY KOUNDER, KULATHUKATTIL, NEAR CHITTUR TALUK,PALAKKAD DISTRICT-678 554. SRI.BINOY VASUDEVAN R.HARISHANKAR SRI.R.MANIKANTAN THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH RSA.988/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
-------------------------------------- [RSA No.988/2010 & CROSS OBJECTION No.11/2020 in RSA No.988/2010 ] ---------------------------------------------------- Dated this the 22nd day of August, 2023
JUDGMENT
When the case is taken up, the counsel for the appellants submits no instructions. The appeal is dismissed for non- prosecution. The Cross Objection is also closed in view of the dismissal of the appeal. Sd/- T.R.RAVI JUDGE mpm