Devappa Naik, vs Hemalatha,

Type Court Judgment Court Kerala Orders Decided Mar 07, 2022

~3 min read

https://sooperkanoon.com/case/1440077

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1440077
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Mar 07, 2022
Case Number: AS/300/1997

Parties & Advocates

Appellant / Petitioner

Devappa Naik,

Respondent

Hemalatha,

Excerpt

.....11 chandravathi, d/o.krishna naik, residing at bularkodu, kudlu village, p.o.kudlu, kasaragod taluk, 12 janardhana naik, 13 chandrakantha d.naik, kudlu village, p.o.ramdasnagar, kasaragod taluk, kasaragod district. 14 lalitha d.naik, w/o.krishna naik, residing at pookara of kudlu village, p.o.kudlu, kasaragod taluk, 15 manohar d.naik, kudhu village, p.o.ramdasnagar, kasaragod taluk, kasaragod district. (died) it is recorded that r15 died during the pendency of the suit in the trial court and legal representatives are already in the party array as respondents 16 to 19 and that nobody need be further impleaded as legal representatives videorder dated 9/9/09 on memo dated 10/10/2003 cfno.13858/03. 16 sarojini, manohara naik, residing at kalargodi house, -4- 17 nandakumar (minor), kudlu village, p.o. ramdasnagar, kasaragod taluk, 18 nilhim (minor), 19 chandu kumar (minor), minor respondents 17 to 19 are represented by their mother and guardian 16th respondent by advs. r1- sri.m.harisharma r1- sri.joji varghese r1- sri.d.krishna prasad r1- sri.d.narendranath r5- sri.a.dinesh rao r10- sri.sunil shanker r10- smt.p.vani r11- sri.r.surendran this appeal suits having come up for orders on 07.03.2022, the court on the same day delivered the following: -5-judgmentthe learned counsel for the appellants fairly submitted that there is no response from the appellants in spite of notice and there is no instructions. hence, she is not in a position to proceed further in the appeal. the said submission is recorded. the appeal is dismissed for non-prosecution. sd/- p. somarajan judge bpr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 AGAINST THE JUDGMENT AND DECREE DATED 31.10.1996 IN O.S. NO.119/1991 OF THE SUB COURT, KASARAGOD. APPELLANTS/PLAINTIFFS: 1 DEVAPPA NAIK, S/O.SUBBU HENGSU, RESIDING AT BANABATTU IN KUDLU VILLAGE, P.O.KUDLU, KASARAGOD TALUK, 2 RAJEEVI, D/O.SUBHU HENGSU, RESIDING AT ADKATHBAIL VILLAGE, P.O.KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT. 3 RAJU NAIK, S/O.SUBHU HENGSU, RESIDING AT AJAYANAGAR, NEAR VIVEKANANDA COLLEGE, PADMUR VILLAGE, P.O.PADMUR, PUTHUR TALUK, DAKSHINA KANNADA DISTRICT, KARNATA STATE, VIA KABAKA. BY ADV. SRI.R.S.KALKURA - A2 & A3 RESPONDENT/DEFENDANTS 2, 4 TO 21
1 HEMALATHA, W/O.SOMANATHA NAIK, RESIDING AT BALLIMOGARU OF KUDLU VILLAGE, KUDLU P.O., KASARAGOD TALUK, KASARAGOD DISTRICT. 2 KALYANI, W/O.BANTAPPA NAIK, RESIDING AT RAMANAGAR, BIKARNAKATTE, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE. -2-
3 SARASWATHI, D/O.BANTAPPA NAIK, RESIDING AT RAMANAGER, BIKARNAKATTE MANGALORE TALUK, 4 BABYM, W/O.SUBBAPPA NAIK, RESIDING AT YERIKALA OF MADHUR VILLAGE, P.O.MADHUR, KASARAGOD TALUK, 5 MOHANA, S/O.BANTAPPA NAIK, RESIDING AT RAMNAGAR, BIKARNAKATTE (P.O.), MANGALORE TALUK, 6 HEMAVATHI, D/O.AKKEN HENGSU, RESIDING AT BARAKE, MAMANAGUDDE, MANGALORE TOWN, MANGALORE VILLAGE, MANGLORE TALUK, MANGALORE-3, KARNATAKA STATE. 7 SEETHAMMA, W/O.BABU NAIK, RESIDING AT SOORLU, NEAR SHANGARAGURI, KUDLU VILLAGE, P.O.RAMDASNAGAR, KASARAGOD TALUK, KASARGOD DISTRICT. 8 BHAVANI, W/O.SESAPPA, RESIDING AT MARA, OF PUTHUR VILLAGE, P.O.PUTHUR, PUTHUR TALUK, 9 MAHINGA NAIK, S/O.AKKU HENGSU, RESIDING AT KOLLAMBADY OF KASARAGOD KASABA VILLAGE, P.O.KASARAGOD, KASARAGOD TALUK, -3-
10 SARASWATHI, W/O.KRISHNA NAIK, RESIDING AT BULARKODU, OF KUDLU VILLAGE, P.O.KUDLU, KASARGOD TALUK, 11 CHANDRAVATHI, D/O.KRISHNA NAIK, RESIDING AT BULARKODU, KUDLU VILLAGE, P.O.KUDLU, KASARAGOD TALUK, 12 JANARDHANA NAIK, 13 CHANDRAKANTHA D.NAIK, KUDLU VILLAGE, P.O.RAMDASNAGAR, KASARAGOD TALUK, KASARAGOD DISTRICT. 14 LALITHA D.NAIK, W/O.KRISHNA NAIK, RESIDING AT POOKARA OF KUDLU VILLAGE, P.O.KUDLU, KASARAGOD TALUK, 15 MANOHAR D.NAIK, KUDHU VILLAGE, P.O.RAMDASNAGAR, KASARAGOD TALUK, KASARAGOD DISTRICT. (DIED) IT IS RECORDED THAT R15 DIED DURING THE PENDENCY OF THE SUIT IN THE TRIAL COURT AND LEGAL REPRESENTATIVES ARE ALREADY IN THE PARTY ARRAY AS RESPONDENTS 16 TO 19 AND THAT NOBODY NEED BE FURTHER IMPLEADED AS LEGAL REPRESENTATIVES VIDE

ORDER DATED 9/9/09 ON MEMO DATED 10/10/2003 CF

NO.13858/03. 16 SAROJINI, MANOHARA NAIK, RESIDING AT KALARGODI HOUSE, -4- 17 NANDAKUMAR (MINOR), KUDLU VILLAGE, P.O. RAMDASNAGAR, KASARAGOD TALUK, 18 NILHIM (MINOR), 19 CHANDU KUMAR (MINOR), MINOR RESPONDENTS 17 TO 19 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN 16TH RESPONDENT BY ADVS. R1- SRI.M.HARISHARMA R1- SRI.JOJI VARGHESE R1- SRI.D.KRISHNA PRASAD R1- SRI.D.NARENDRANATH R5- SRI.A.DINESH RAO R10- SRI.SUNIL SHANKER R10- SMT.P.VANI R11- SRI.R.SURENDRAN THIS APPEAL SUITS HAVING COME UP FOR ORDERS ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -5-

JUDGMENT

The learned counsel for the appellants fairly submitted that there is no response from the appellants in spite of notice and there is no instructions. Hence, she is not in a position to proceed further in the appeal. The said submission is recorded. The appeal is dismissed for non-prosecution. Sd/- P. SOMARAJAN JUDGE bpr

Same Court & Year Kerala Orders · 2022 Same Parties Devappa Naik, vs Hemalatha, Same Judge Honourable Mr. Justice P.Somarajan