Nalini vs Panchami - Court Judgment

SooperKanoon Citationsooperkanoon.com/1330573
CourtKerala Orders High Court
Decided OnOct-30-2023
Case NumberRSA/33/2022
JudgeHonourable Mr. Justice a. Badharudeen
AppellantNalini
RespondentPanchami
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen monday, the 30th day of october 2023 / 8th karthika, 1945 rsa no. 33 of 2022 against the judgment and decree dated 18.01.2021 in a.s.no.03/2019 on the files of the additional district judge-ii’s court, alappuzha arising from the final judgment and decree dated 14.08.2018 in i.a.no.765/2015 (final decree application) in o.s.no.11/2013 on the files of the sub judge’s court, cherthala appellants/counter petitioners/defendants: 1 nalini aged 79 years, w/o.dinamany, puthiyattil, 2 sakunthala unni aged 59 years, vaikom police quarters from, 3 remesan aged 56 years, s/o.dinamany, puthiyattil, 4 prakasan aged 53 years, s/o.dinamany, puthiyattil, 5 maya aged 51 years, w/o.dileep, kormathusseril (chilambisseril), vaikkath parambu ward no.8, muhamma panchayath from (by adv b.rajeev koyickal) - relinquished respondents/petitioners 2 to 7/plaintiffs 2 to 7: 1 panchami aged 86 years, d/o.janaki, kolleri veliyil, cherthala south muri, cherthala south villagefrom puthiyattil, thycattussery muri, thycattussery village, cherthala taluk, 2 rema aged 70 years, d/o.malathy, kolleri veliyil, 3 radha aged 68 years, d/o.malathy, mohan nivas, aala village, chengannor taluk from kolleri veliyil, 4 renjini aged 63 years, d/o.kumaran, kolleri veliyil, 5 rajith aged 60 years, s/o.kumaran, kolleri veliyil, 6 jyothi aged 58 years, d/o.malathy, kovattil, kurumalloor p.o., aluva from kolleri veliyil, by advs. sherry j. thomas joemon antonythis regular second appeal having come up for admission on 30.10.2023, the court on the same day delivered the following:judgmentdated this the 30th day of october, 2023 this regular second appeal has been filed underorder xlii rule 1 read with section 100 of the code of civilprocedure to set aside decree and judgment in a.s. no.3 of 2019 dated 18.01.2021 on the files of the court of the additional district judge-ii, alappuzha arose from the final decree and judgment in i.a. no.765 of 2015 in o.s. no.11 of 2013 dated 14.08.2018 on the files of the court of the subordinate judge, cherthala.2. in this matter, the appellants and the counselcalled absent. since, the appellants are found to be not interested to proceed with this appeal, the regular second appeal stands dismissed for non prosecution. sd/- a. badharudeen sk judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 RSA NO. 33 OF 2022 AGAINST THE JUDGMENT AND DECREE DATED 18.01.2021 IN A.S.NO.03/2019 ON THE FILES OF THE ADDITIONAL DISTRICT JUDGE-II’S COURT, ALAPPUZHA ARISING FROM THE FINAL JUDGMENT AND DECREE DATED 14.08.2018 IN I.A.NO.765/2015 (FINAL DECREE APPLICATION) IN O.S.NO.11/2013 ON THE FILES OF THE SUB JUDGE’S COURT, CHERTHALA APPELLANTS/COUNTER PETITIONERS/DEFENDANTS: 1 NALINI AGED 79 YEARS, W/O.DINAMANY, PUTHIYATTIL, 2 SAKUNTHALA UNNI AGED 59 YEARS, VAIKOM POLICE QUARTERS FROM, 3 REMESAN AGED 56 YEARS, S/O.DINAMANY, PUTHIYATTIL, 4 PRAKASAN AGED 53 YEARS, S/O.DINAMANY, PUTHIYATTIL, 5 MAYA AGED 51 YEARS, W/O.DILEEP, KORMATHUSSERIL (CHILAMBISSERIL), VAIKKATH PARAMBU WARD NO.8, MUHAMMA PANCHAYATH FROM (BY ADV B.RAJEEV KOYICKAL) - RELINQUISHED RESPONDENTS/PETITIONERS 2 TO 7/PLAINTIFFS 2 TO 7: 1 PANCHAMI AGED 86 YEARS, D/O.JANAKI, KOLLERI VELIYIL, CHERTHALA SOUTH MURI, CHERTHALA SOUTH VILLAGE

FROM PUTHIYATTIL, THYCATTUSSERY MURI, THYCATTUSSERY VILLAGE, CHERTHALA TALUK, 2 REMA AGED 70 YEARS, D/O.MALATHY, KOLLERI VELIYIL, 3 RADHA AGED 68 YEARS, D/O.MALATHY, MOHAN NIVAS, AALA VILLAGE, CHENGANNOR TALUK FROM KOLLERI VELIYIL, 4 RENJINI AGED 63 YEARS, D/O.KUMARAN, KOLLERI VELIYIL, 5 RAJITH AGED 60 YEARS, S/O.KUMARAN, KOLLERI VELIYIL, 6 JYOTHI AGED 58 YEARS, D/O.MALATHY, KOVATTIL, KURUMALLOOR P.O., ALUVA FROM KOLLERI VELIYIL, BY ADVS. SHERRY J. THOMAS JOEMON ANTONY

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 30.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of October, 2023 This regular second appeal has been filed under

order XLII Rule 1 read with Section 100 of the Code of Civil

Procedure to set aside decree and judgment in A.S. No.3 of 2019 dated 18.01.2021 on the files of the Court of the Additional District Judge-II, Alappuzha arose from the final decree and judgment in I.A. No.765 of 2015 in O.S. No.11 of 2013 dated 14.08.2018 on the files of the Court of the Subordinate Judge, Cherthala.

2. In this matter, the appellants and the counsel

called absent. Since, the appellants are found to be not interested to proceed with this appeal, the regular second appeal stands dismissed for non prosecution. Sd/- A. BADHARUDEEN SK JUDGE