On the application of appellants stating lack of interest to prosecute, the High Court of Kerala dismissed the second appeal on the ground of being not pressed, along with pending interlocutory applications.
Second Appeal, Interlocutory Applications and costs dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
RSA.NO. 1242 OF 2008 ( )
AS.253/2004 OF DISTRICT COURT, PALAKKAD OS.192/1996 OF ADDITIONAL SUB COURT, PALAKKAD
APPELLANT(S)/RESPONDENTS 1 TO 4/DEFENDANTS:
1. VIJAYALAKSHMI K., D/O.PARUKUTTY AMMA, AGED 76 YEARS, JYOTHINILAYAM, MATHOOR AMSOM ALATHUR TALUK. (DIED)
2. MUKUNDAN, S/O.VIJAYALAKSHMI K., AGED 56 YEARS, JYOTHINILAYAM, MATHOOR AMSOM ALATHUR TALUK.
3. SURENDRAN, S/O.VIJAYALAKSHMI K., AGED 51 YEARS, JYOTHINILAYAM, MATHOOR AMSOM ALATHUR TALUK.
4. MURALEEDHARAN, S/O.VIJAYALAKSHMI K., AGED 47 YEARS, JYOTHINILAYAM, MATHOOR AMSOM ALATHUR TALUK.
APPELLANTS 2 TO 4 AND THE SECOND RESPONDENT IS RECORDED AS LEGAL REPRESENTATIVES OF DECEASED FIRST APPELLATE VIDE ORDER DATED 8.6.2010 IN MEMO BEARING CF 2731/2010
BY ADVS.SRI.A.K.MADHAVAN UNNI SRI.S.RAMACHANDRAN
R.S.A. No.1242 of 2008
RESPONDENT(S)/2ND APPELLANT & RESPONDENTS 5 TO 8:
1. RAJALAKSHMI, D/O.MADHUSOODHANAN NAIR, AGED 42 YEARS, THAZATH HOUSE, PALLANCHATHANUR POST, ALATHUR TALUK, NOW RESIDING AT CHENTHANATH HOUSE, PULPOOR MANNAM, COYALMANNAM 678 702.
2. REMA DEVI, D/O.VIJAYALAKSHMI, AGED 45 YEARS, JYOTHINILAYAM, MATHOOR AMSOM ALATHUR TALUK.
3. MADHAVANKUTTY, S/O.MADHUSOODHANAN NAIR, AGED 48 YEARS, RESIDING AT THAZHATH HOUSE PALLANCHATHANNUR GRAMAM, PALLANCHATHANUR POST ALATHUR TALUK - 678 575.
4. ASSEEZ, S/O.VEERANKUTTY, AGED 54 YEARS, KARUPANKOVIL, MATHUR AMSOM ALATHUR TALUK.
5. K.P.CHANDRAN, S/O.SUSEELA AMMA, AGED 59 YEARS, 4TH FLOOR, PLOT NO.7 DASPALLA TOWERS, MAHARAMPETTA, VIZHAKAPATATANAM ANDHRA PRADESH.
BY ADV. SRI.GEEN T.MATHEW BY ADV. SRI.O.RAMACHANDRAN NAMBIAR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 6.6.2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
==================================== R.S.A. No.1242 of 2008
====================================
Dated this the 06th day of June, 2012
J U D G M E N T
The learned counsel for appellants has filed a memo dated 19.05.2012 stating that since appellants are not interested in prosecuting the matter, the appeal may be dismissed as not pressed.
The Second Appeal is dismissed as not pressed. No costs.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv
MUKUNDAN
SURENDRAN
MURALEEDHARAN
VIJAYALAKSHMI K.
RAJALAKSHMI
REMA DEVI
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
