Ramachandran vs Devaki Aravindan - Court Judgment

SooperKanoon Citationsooperkanoon.com/1788096
CourtKerala Orders High Court
Decided OnMar-20-2020
Case NumberRFA/435/2015
JudgeHonourable Mr. Justice Devan Ramachandran
AppellantRamachandran
RespondentDevaki Aravindan
Excerpt:
in the high court of kerala at ernakulampresent 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:judgmentthe 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
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