Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 20TH DAY OF MARCH 2020 / 30TH PHALGUNA, 1941 RFA.No.435 OF 2015 AGAINST THE JUDGMENT AND DECREE IN OS 300/2008 DATED 27-07-2013 OF PRINCIPAL SUB COURT, PALAKKAD APPELLANT/1ST DEFENDANT:
RAMACHANDRAN, AGED 69 YEARS S/O.LATE GOPALAKRISHNAN EZHUTHASSAN, ERATTU VEEDU, KOODALOOR, PALLAVUR AMSOM, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.ARUN AJAY SHANKAR SMT.CISSY MATHEWS SHRI.JAWAHAR JOSE SRI.V.VINAY MENON RESPONDENTS/PLAINTIFFS 2 TO 11 - LRS OF R3 AS RESPONDENTS 15 TO 17 AND LRS OF R8 AS RESPONDENT NO.18: 1 DEVAKI ARAVINDAN, AGED 60 YEARS, D/O.LATE GOPALAKRISHNAN EZHUTHASSAN, RESIDING AT HOUSE NO.70, KOWSTHUBHAM, SUBASREE NAGAR, MUGALIVAKKOM, PORUR, CHENNAI, TAMILNAD STATE, PIN-600 116. 2 SWAMY, AGED 70 YEARS S/O.LATE GOPALAKRISHNAN EZHUTHASSAN, GOKULAM, VARIYATHU KALAM, KOODALOOR, PALLAVOOR AMSOM, 3 BALASUBRAMNIAN @ BALAN, S/O.LATE LAKSHMIKUTTY, BALASUBRAMANIA OIL MILLS, THOOTTODU, KOODALOOR POST, 4 ANNAPOORNESWARI, AGED 58 YEARS D/O.LATE GOPALAKRISHNAN EZHUTHASSAN, RESIDING AT MELETHIL VEEDU, PERUMKULANGARA, CHAMBRAKULAM, KOTTAYI POST, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 572. 5 PARUKUTTY, AGED 65 YEARS D/O.LATE GOPALAKRISHNAN EZHUTHASSAN, NEDUVULLY KALAM, PALLASSANA POST, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 505. 6 SWARNAKUMARI, AGED 52 YEARS D/O.LATE GOPALAKRISHNAN EZHUTHASSAN, NADAKKAVIL VEEDU, KAZHANI, KAVASSERY AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 543. 7 SARASWATHY, AGED 51 YEARS D/O.LATE LAKSHMIKUTTY AND W/O.PEETHAMBARAN, (NOW RESIDING AT HOUSE NUMBER 127, CHINNA SWAMY ROAD, OPPOSITE AYAPPAN KOVIL, NEW SIDHA PUTHUR, COIMBATORE-641 044) 8 ARAVINDAKSHAN, S/O.LATE LAKSHMIKUTTY, NAYANAM VEEDU, KIZHAKKETHARA, PALLAVUR (VIA), KOODALOOR, 9 BABY SULOCHANA, AGED 48 YEARS TALUK, PALAKKAD DISTRICT, (NOW RESIDING AT PUTHAN HOUSE, KAVALAPPARA, VITHANESSERY, NEMMARA POST, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 508) 10 SAKUNTHALA, AGED 47 YEARS D/O.LATE LAKSHMIKUTTY AND W/O.RADHAKRISHNAN, (NOW WORKING AT SREE GOKULAM CHIT AND FINANCE COMPANY, 171/2, S.S KOIL STREET, POLLACHI, TAMIL NADU STATE, PIN-642 002) 11 RATHI, AGED 46 YEARS NUMBER-32, SARASWATHI KUNCHU, DANGATPATIL NAGAR, WADAGON BUDRUK, SINHAGAD ROAD, PUNE, PIN-411 041) 12 SOBHANA, AGED 44 YEARS NUMBER 11/2A, EAST EST STREET, LAKSHMY PURAM, GANAPATHY, COIMBATORE, PIN-641 006)
13 SYAMALA, AGED 42 YEARS KIZHAKKETHARA, PALLAVUR (VIA), KOODALOOR, 14 GOPI, AGED 40 YEARS S/O.LATE LAKSHMIKUTTY, NAYANAM VEEDU, TALUK, PALAKKAD DISTRICT, PIN-678 688. 15 SMT.CHANDRIKA, W/O LATE BALASUBRAMANIAN, 16 AKSHAY VISHNU, AGED 19 YEARS S/O.LATE BALASUBRAMANIAN,BALASUBRAMANIA OIL MILL, DISTRICT, PIN-678 688. 17 VIGNESH, AGED 15 YEARS, S/O.LATE BALASUBRAMANIAN, (MINOR REPRESENTED BY HIS NEXT FRIEND GUARDIAN HIS MOTHER THE ADDL 15TH RESPONDENT SMT.CHANDRIKA, W/O.LATE BALASUBRAMANIAN, BALASUBRAMANIA OIL MILL, DISTRICT, PIN-678 688.)(RESPONDENTS 15 TO 17 ARE THE LEGAL HEIRS OF 3RD RESPONDENT) 18 SMT.SREELATHA S., W/O.LATE ARAVINDAKSHAN, MADAMBI HOUSE, KARIPPALI POST, PATTANCHERRY, PALAKKAD DISTRICT, PIN-678 532. (18TH RESPONDENT IS THE LEGAL HEIRS OF 8TH RESPONDENT) R2, R4, R15 AND R16 BY ADVS. SRI.GEEN T.MATHEW & SRI.O.RAMACHANDRAN NAMBIAR THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant submits that this appeal is not pressed. Recording the submission, the appeal is dismissed as not pressed. Sd/- DEVAN RAMACHANDRAN RR JUDGE