Elsy vs Mary

ELSY vs MARY

Type Court Judgment Court Kerala Orders Decided Jan 28, 2022

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https://sooperkanoon.com/case/1477554

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Citation: sooperkanoon.com/1477554
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jan 28, 2022
Case Number: RSA/235/2005

Parties & Advocates

Appellant / Petitioner

ELSY

Respondent

MARY

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice k. babu friday, the 28th day of january 2022 / 8th magha, 1943 rsa no. 131 of 2005against the judgment and decree in as 384/2000 of iadditional district court, thrissur against the judgmentand decree in os 1764/1996 of principal munsiff court,thrissur appellants/appellants/defendants(counter claim petitioners): 1 elsy, w/o, chirayath francis, marathakkara village and desom,, thrissur district. 2 johnson, s/o.chirayath elsy 3 jaison, s/o.chirayath elsy, 4 jini, d/o.chirayath elsy marathakkara village and desom,, thrissur respondents/respondents/plaintiff and defendants 6 to 10 (counter claim respondents): 1 mary, w/o chirakkal purayidathil mathew, 2 anand kumar, s/o erath lakshmy kutty amma, 3 ramachandran, s/o erath lakshmy kutty amma, 4 premaletha, d/o erath lakshmy kutty amma, 5 muraleedharan, s/o erath lakshmy kutty amma, ..2.. , 6 geetha, d/o.erath lakshmy kutty amma 7 rajasekharan s/o.padinjare mangatt pappi @ kalyani amma, edakunny village and, desom, thrissur district. by advs. sri.k.s.babu smt.n.sudha this regular second appeal having come up for hearing on 28.01.2022, along with rsa.235/2005, the court on the same day delivered the following: ..3.. ,in the high court of kerala at ernakulampresent the honourable mr.justice k. babu friday, the 28th day of january 2022 / 8th magha, 1943 rsa no. 235 of 2005 against the judgment and decree in as 114/2004 of the first additional district court, thrissur against the judgment and decree in os 1764/1996 of principal munsiff court,thrissur appellants/respondents (1 to 4)/defendants (1 to 4): 1 elsy, w/o chirayath francis, 2 johnson s/o. chirayath elsy 3 jaison s/o., chirayath elsy, marathakkara village and desom, thrissur 4 jini d/o. chirayath elsy marathakkara village and desom,, thrissusr respondents/appellant: respondents 6 to 11/plainitf and defendants 6 to 11: 1 mary, w/o chirakkal purayidathil mathew, 2 anand kumar, s/o erath lakshmy kutt

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 RSA NO. 131 OF 2005

AGAINST THE JUDGMENT AND DECREE IN AS 384/2000 OF IADDITIONAL DISTRICT COURT, THRISSUR AGAINST THE JUDGMENT

AND DECREE IN OS 1764/1996 OF PRINCIPAL MUNSIFF COURT,THRISSUR APPELLANTS/APPELLANTS/DEFENDANTS(COUNTER CLAIM PETITIONERS): 1 ELSY, W/O, CHIRAYATH FRANCIS, MARATHAKKARA VILLAGE AND DESOM,, THRISSUR DISTRICT. 2 JOHNSON, S/O.CHIRAYATH ELSY 3 JAISON, S/O.CHIRAYATH ELSY, 4 JINI, D/O.CHIRAYATH ELSY MARATHAKKARA VILLAGE AND DESOM,, THRISSUR RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANTS 6 TO 10 (COUNTER CLAIM RESPONDENTS): 1 MARY, W/O CHIRAKKAL PURAYIDATHIL MATHEW, 2 ANAND KUMAR, S/O ERATH LAKSHMY KUTTY AMMA, 3 RAMACHANDRAN, S/O ERATH LAKSHMY KUTTY AMMA, 4 PREMALETHA, D/O ERATH LAKSHMY KUTTY AMMA, 5 MURALEEDHARAN, S/O ERATH LAKSHMY KUTTY AMMA, ..2.. , 6 GEETHA, D/O.ERATH LAKSHMY KUTTY AMMA 7 RAJASEKHARAN S/O.PADINJARE MANGATT PAPPI @ KALYANI AMMA, EDAKUNNY VILLAGE AND, DESOM, THRISSUR DISTRICT. BY ADVS. SRI.K.S.BABU SMT.N.SUDHA THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 28.01.2022, ALONG WITH RSA.235/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3.. ,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 RSA NO. 235 OF 2005 AGAINST THE JUDGMENT AND DECREE IN AS 114/2004 OF THE FIRST ADDITIONAL DISTRICT COURT, THRISSUR AGAINST THE JUDGMENT AND DECREE IN OS 1764/1996 OF PRINCIPAL MUNSIFF COURT,THRISSUR APPELLANTS/RESPONDENTS (1 TO 4)/DEFENDANTS (1 TO 4): 1 ELSY, W/O CHIRAYATH FRANCIS, 2 JOHNSON S/O. CHIRAYATH ELSY 3 JAISON S/O., CHIRAYATH ELSY, MARATHAKKARA VILLAGE AND DESOM, THRISSUR 4 JINI D/O. CHIRAYATH ELSY MARATHAKKARA VILLAGE AND DESOM,, THRISSUSR RESPONDENTS/APPELLANT: RESPONDENTS 6 TO 11/PLAINITF AND DEFENDANTS 6 TO 11: 1 MARY, W/O CHIRAKKAL PURAYIDATHIL MATHEW, 2 ANAND KUMAR, S/O ERATH LAKSHMY KUTTY AMMA, EDAKUNNY VILLAGE AND DESOM, 3 RAMACHANDRAN S/O. ERATH LAKSHMY KUTTY AMMA, ..4.. ,

4 PREMALETHA D/O. ERATH LAKSHMY KUTTY AMMA, 5 MURALEEDHARAN S/O. ERATH LAKSHMY KUTTY AMMA, 6 GEETHA D/O. ERATH LAKSHMY KUTTY AMMA EDAKUNNY VILLAGE ANSD DESOM, THRISSUR DISTRICT. 7 RAJASEKHARAN SO. PADINJARE MANGATT PAPPI @ KALYANI AMMA, EDAKUNNY VILLAGE AND DESOM, THRISSUR DISTRICT. BY ADVS. R1, R2, R4, R5 & R7 BY SRI.K.S.BABU SMT.N.SUDHA

THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 28.01.2022, ALONG WITH RSA.131/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..5.. ,

JUDGMENT

There has been no representation for the appellants since 23.11.2021.

2. On 10.12.2021, Registry was directed to issue

notice to the appellants. Notice issued to Appellant Nos. 1 and 2 returned with the endorsement ‘refused’. Appellant No.3 received notice. Notice sent to Appellant No.4 has been returned with the endorsement ‘not known’.

3. Today when the matter was taken up for

hearing, nobody represented for the appellants. The appeals are therefore dismissed for non-prosecution. Pending interlocutory applications, if any, stand closed. Sd/- K. BABU, JUDGE kkj

Same Court & Year Kerala Orders · 2022 Same Parties ELSY vs MARY Same Judge Honourable Mr.Justice K. Babu