Viswanatha Rai & Others v. Chandravathi & Ors.
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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 N.K.BALAKRISHNAN
TUESDAY, THE 19TH DAY OF FEBRUARY 2013/30TH MAGHA 1934
RSA.No. 863 of 2009 ( )
AGAINST THE JUDGMENT IN AS.30/2004 of SUB COURT, KASARAGOD DATED 30-03-2009
AGAINST THE JUDGMENT IN OS.113/2004 of PRL.MUNSIFF, KASARAGOD DATED 21-10-2004
APPELLANT(S)/APPELLANT/PLAINTIFF:
1. VISWANATHA RAI, AGED 66 YEARS,
2. SUBANA RAI, AGED 61 YEARS,
3. MUTHAKKE ALIAS KALVATHI,
4. BALAKRISHNA RAI, D/O.SUBBANNA RAI,
5. PUSHPAVATHI, AGED 50 YEARS,
6. ASHOK RAI, AGED 22 YEARS,
7. CHANDRIKA, AGED 19 YEARS,
...2
RSA.No. 863 of 2009 ( )
-2-
8. RAMAKKE @ SHAKUNTHALA, AGED 30 YEARS, D/O.KALAVATHI, HINDU, LANDHOLDER R/AT.MULIYA HOUSE, ALIKE VILLAGE BUMBICAL TALUK SS VIHAR P.O., D.K.
9. SYAMALA, AGED 27 YEARS, D/O.KALAVATHI, HINDU, LANDHOLDER R/AT.MULIYA HOUSE, ALIKE VILLAGE, BUMBICAL TALUK SS VIHAR P.O., D.K.
BY ADV. SRI.KODOTH SREEDHARAN
RESPONDENT(S)/DEFENDANTS:
1. CHANDRAVATHI, AGED 58 YEARS, D/O.CHIKKAPPA RAI, R/AT. KADAMAJALU HOUSE SAVANAL P.O., D.K., KARNATAKA.
2. RAJIVI, AGED 55 YEARS, D/O.CHIKKAPPA RAI, R/AT.KUNDAPPU IN ARIKKADY, VILLAGE KUMBALA P.O., KASARAGOD TALUK AND, DISTRICT.
3. JAYAPALA RAI, AGED 52 YEARS, D/O.CHIKKAPPA RAI, R/AT.KUNDAPPU IN ARIKKADY, VILLAGE KUMBALA P.O., KASARAGOD TALUK AND, DISTRICT.
4. JYOTHI, AGED 38 YEARS, W/O.DHARMAPALA, R/AT.KUNDAPPU GUTHU, ARIKKADY VILLAGE, KUMBALA P.O. KASARAGOD TALUK AND DISTRICT.
5. JAYANTHI, AGED 45 YEARS,
6. GANGADHARA RAI, AGED 52 YEARS, S/O.CHIKKAPPA RAI, R/AT.KUNDAPPU IN ARIKAKDY, VILLAGE KUMBALA P.O., KASARAGOD TALUK AND, DISTRICT.
7. BHOJA RAI, AGED 40 YEARS, W/O.CHIKKAPPA RAI, R/AT.KUNDAPPU IN ARIKKADY, VILLAGE KUMBALA P.O., KASARAGOD TALUK AND DISTRICT.
8. PADMAVATHI, 2ND W/O.DERANNA RAI, AGED 55 YEARS
...3
RSA.No. 863 of 2009 ( )
-3-
9. RAMESH RAI,S/O.DERANNA RAI, AGED 27 YEARS
10. UMESH RAI, S/O.DERANNA RAI, AGED 25 YEARS
11. HARISH RAI, S/O.DERANNA RAI, AGED 22 YEARS
(RESPONDENTS 8 TO 11 ARE R/AT.KUNDAPPU IN ARIKKADY VILLAGE, KUMBALA P.O., KASARAGOD TALUK AND DISTRICT).
12. SUBBANNA RAI, S/O.DERANNA RAI, AGED 45 YEARS
13. RADHAKRISHNA RAI, S/O.DERANNA RAI, AGED 43 YEARS
14. SAVITHRI SHETTY, D/O.DERANNA RAI, AGED 40 YEARS, SUJIR GUTHU HOUSE, PADU VILLAGE BUNTWAL TALUK, P.O.PADU, PIN-574298 D.K.
15. PUSHPAVATHI RAI, D/O.DERANNA RAI, AGED 38 YEARS, (RESPONDENTS 12 13&15 ARE R/AT.KUNDAPPU IN, ARIKKADY VILLAGE KUMBALA P.O., KASARAGOD TALUK, AND DISTRICT).
16. JAYALAKSHMI RAI, W/O.SHIVARAMA RAI, AGED 55 YEARS
17. DEVIPRASAD, S/O.SHIVARAMA RAI, AGED 25 YEARS (RESPONDENTS 16 AND 17 ARE R/AT.PANJIR HOUSE KAMPALAPADAVU VILLAGE, KAMBALAPADAVU P.O. MANGLORE TALUK, DK, KARNATAKA).
18. AMBA PRASADHINI SHETTY, D/O.SHIVARAMA RAI, AGED 22 YEARS, C/O.KRISHNA SHETTY UJJAR HOUSE, BANBARANA VILLAGE, KUMBALA VIA. KASARAGOD TALUK AND DISTRICT.
R2,8-10 BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
R.S.A. No: 863 of 2009
Dated this the 19th day of February, 2013
J U D G M E N T
The learned counsel for the appellant submits that
this Regular Second Appeal is not pressed (vide memo filed by the learned counsel). Hence, this Second Appeal is dismissed as not pressed.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
Viswanatha Rai and Others
Chandravathi and Others
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court