| SooperKanoon Citation | sooperkanoon.com/1314553 |
| Court | Kerala Orders High Court |
| Decided On | Mar-14-2024 |
| Case Number | RSA/126/2024 |
| Judge | Honourable Mr. Justice a. Badharudeen |
| Appellant | Vasudevan |
| Respondent | Radhakrishnan |
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen thursday, the 14th day of march 2024 / 24th phalguna, 1945 rsa no. 126 of 2024 against the decree and judgment dated 13.11.2023 in as no.22 of 2023 on the files of the court of the district judge, palakkad arose from the decree and judgment dated 22.12.2022 in os no.278 of 2019 on the files of the principal munsiff court, palakkad appellant/respondent no.1/defendant no.1: vasudevan aged 49 years by advs. sajan vargheese k. liju. m.p respondents/appellant & respondents no.2 to 9/plaintiff & defendants 2 to 9:1 radhakrishnan aged 46 years 2 leela p aged 53 years w/o gopalan, 49/586,aryakulam, kozhippara, vadakkanthara post, palakkad, pin - 678102 3 rathnam p aged 51 years w/o kunjunni, ambalath house, journalist village, panchayat road junction,kuzhivelippady post, edathala, ernakulam district, pin - 683561 4 baby p aged 50 years w/o kanakarajan, 9/310, kannaki nagar, moothanthara, palakkad, pin - 678012 5 sujatha p aged 48 years w/o bhaskaran, 223/1+111, kannaki nagar, moothanthara,koduvayur post, palakkad., pin - 678501 6 chandran aged 63 years s/o kuppankutty, 10/242, pirayiri post, ayyappankavu, 7 rajesh aged 37 years s/o chandran, 10/242, pirayiri post, ayyappankavu, 8 radhika aged 34 years 9 lathika aged 32 years this regular second appeal having come up for admission on 14.03.2024, the court on the same day delivered the following:judgmentdated this the 14th day of february, 2024 this regular second appeal has been filed underorder xlii rule 1 read with section 100 of the code of civilprocedure (“cpc” hereinafter) challenging the decree andjudgment in a.s. no.22 of 2023 dated 13.11.2023 on the files ofthe court of the district judge, palakkad arose from decree andjudgment in o.s. no.278 of 2019 dated 22.12.2022 on the filesof the principal munsiff court, palakkad.2. the learned counsel for the appellant seekspermission to withdraw this appeal, in view of filing of fao (ro) under order 43 rule 1 (u) of cpc, the proper remedy available to the appellant. permission granted.3. accordingly, this regular second appeal standsdismissed as withdrawn, with liberty to go with the fao (ro). all interlocutory applications pending in this regular second appeal stand dismissed. sd/- a. badharudeen judge sk
Judgment:IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 RSA NO. 126 OF 2024 AGAINST THE DECREE AND JUDGMENT DATED 13.11.2023 IN AS NO.22 OF 2023 ON THE FILES OF THE COURT OF THE DISTRICT JUDGE, PALAKKAD AROSE FROM THE DECREE AND JUDGMENT DATED 22.12.2022 IN OS NO.278 OF 2019 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD APPELLANT/RESPONDENT NO.1/DEFENDANT NO.1: VASUDEVAN AGED 49 YEARS BY ADVS. SAJAN VARGHEESE K. LIJU. M.P RESPONDENTS/APPELLANT & RESPONDENTS NO.2 TO 9/PLAINTIFF & DEFENDANTS 2 TO 9:
1 RADHAKRISHNAN AGED 46 YEARS 2 LEELA P AGED 53 YEARS W/O GOPALAN, 49/586,ARYAKULAM, KOZHIPPARA, VADAKKANTHARA POST, PALAKKAD, PIN - 678102 3 RATHNAM P AGED 51 YEARS W/O KUNJUNNI, AMBALATH HOUSE, JOURNALIST VILLAGE, PANCHAYAT ROAD JUNCTION,KUZHIVELIPPADY POST, EDATHALA, ERNAKULAM DISTRICT, PIN - 683561 4 BABY P AGED 50 YEARS W/O KANAKARAJAN, 9/310, KANNAKI NAGAR, MOOTHANTHARA, PALAKKAD, PIN - 678012 5 SUJATHA P AGED 48 YEARS W/O BHASKARAN, 223/1+111, KANNAKI NAGAR, MOOTHANTHARA,
KODUVAYUR POST, PALAKKAD., PIN - 678501 6 CHANDRAN AGED 63 YEARS S/O KUPPANKUTTY, 10/242, PIRAYIRI POST, AYYAPPANKAVU, 7 RAJESH AGED 37 YEARS S/O CHANDRAN, 10/242, PIRAYIRI POST, AYYAPPANKAVU, 8 RADHIKA AGED 34 YEARS 9 LATHIKA AGED 32 YEARS THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 14th day of February, 2024 This regular second appeal has been filed under
order XLII Rule 1 read with Section 100 of the Code of Civil
Procedure (“CPC” hereinafter) challenging the decree and
judgment in A.S. No.22 of 2023 dated 13.11.2023 on the files of
the Court of the District Judge, Palakkad arose from decree and
judgment in O.S. No.278 of 2019 dated 22.12.2022 on the files
of the Principal Munsiff Court, Palakkad.
2. The learned counsel for the appellant seeks
permission to withdraw this appeal, in view of filing of FAO (RO) under Order 43 Rule 1 (u) of CPC, the proper remedy available to the appellant. Permission granted.
3. Accordingly, this regular second appeal stands
dismissed as withdrawn, with liberty to go with the FAO (RO). All interlocutory applications pending in this regular second appeal stand dismissed. Sd/- A. BADHARUDEEN JUDGE SK