Jayan vs Vanajakshy - Court Judgment

SooperKanoon Citationsooperkanoon.com/1330198
CourtKerala Orders High Court
Decided OnApr-05-2023
Case NumberRSA/8/2023
JudgeHonourable Mrs. Justice M.R.Anitha
AppellantJAYAN
RespondentVanajakshy
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice m.r.anitha wednesday, the 5th day of april 2023 / 15th chaithra, 1945 rsa no. 8 of 2023 against the judgment and decree dated 09.11.2016 in a.s. no.510/2015 of additional district court-ii, thiruvananthapuram against the judgment and decree dated 25.08.2009 in i.a. no.2148/2006 in o.s. no.1/1998 f.d. of munsiff court,attingal appellant/appellant/5th counter petitioner/5th defendant: jayan aged 50 years s/o rajan, kunnuvarathu, thulikkodu, pulimathu po, r.umasankar p.arun kumar (moncompu) respondents/respondents/petitioner & counter petitioner 1 to 4/first defendant, plaintiff and defendants 2 to 4: 1 vanajakshy 2 sathya bhama 3 soudamini d/o narayanan, sadanandathil, pulimath po, 4 sabu s/o late sadanandan, sadanandathil, pulimath po, 5 sajitha d/o late sadanandan, sadanandathil, pulimath po, liju mp - r1 revathi r. kurup(k/1866/2019) - r1 this regular second appeal having come up for admission on 05.04.2023, the court on the same day delivered the following: rsa no.8 of 2023judgmentdated this the 05th day of april, 2023 this appeal has been filed against the judgment and decree in a.s. no.510/2015 on the file of additional district court-ii, thiruvananthapuram which in turn arouse out thejudgment and decree in i.a. no.2148/2006 in o.s. no.1/1998f.d. on the file of the munsiff's court, attingal.2. when the case was taken up, the learned counselfor the appellant submitted that a memo has been filed to the effect that the appellant is not interested to prosecute the above appeal further as the pendency of this appeal is a hindrance to surrender the property in question to authorities for the construction of a ring road. hence, he seeks to dismiss the appeal as not pressed. memo recorded. accordingly, appeal is dismissed as not pressed. all pending i.as are closed. sd/- m.r.anitha judge smf
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 RSA NO. 8 OF 2023 AGAINST THE JUDGMENT AND DECREE DATED 09.11.2016 IN A.S. NO.510/2015 OF ADDITIONAL DISTRICT COURT-II, THIRUVANANTHAPURAM AGAINST THE JUDGMENT AND DECREE DATED 25.08.2009 IN I.A. NO.2148/2006 IN O.S. NO.1/1998 F.D. OF MUNSIFF COURT,ATTINGAL APPELLANT/APPELLANT/5TH COUNTER PETITIONER/5TH DEFENDANT: JAYAN AGED 50 YEARS S/O RAJAN, KUNNUVARATHU, THULIKKODU, PULIMATHU PO, R.UMASANKAR P.ARUN KUMAR (MONCOMPU) RESPONDENTS/RESPONDENTS/PETITIONER & COUNTER PETITIONER 1 TO 4/FIRST DEFENDANT, PLAINTIFF AND DEFENDANTS 2 TO 4: 1 VANAJAKSHY 2 SATHYA BHAMA 3 SOUDAMINI D/O NARAYANAN, SADANANDATHIL, PULIMATH PO, 4 SABU S/O LATE SADANANDAN, SADANANDATHIL, PULIMATH PO, 5 SAJITHA D/O LATE SADANANDAN, SADANANDATHIL, PULIMATH PO, LIJU MP - R1 REVATHI R. KURUP(K/1866/2019) - R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA No.8 of 2023

JUDGMENT

Dated this the 05th day of April, 2023 This appeal has been filed against the judgment and decree in A.S. No.510/2015 on the file of Additional District Court-II, Thiruvananthapuram which in turn arouse out the

judgment and decree in I.A. No.2148/2006 in O.S. No.1/1998

F.D. on the file of the Munsiff's Court, Attingal.

2. When the case was taken up, the learned counsel

for the appellant submitted that a memo has been filed to the effect that the appellant is not interested to prosecute the above appeal further as the pendency of this appeal is a hindrance to surrender the property in question to authorities for the construction of a ring road. Hence, he seeks to dismiss the appeal as not pressed. Memo recorded. Accordingly, appeal is dismissed as not pressed. All pending I.As are closed. Sd/- M.R.ANITHA JUDGE SMF