Disposed
Ramaniyamma Pusha v. Ramaniyamma Raji
Kerala HCRSA/1072/2015
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937
RSA.No. 1072 of 2015 (C)
A.S.NO.32/2013 AND I.A.NO.944/2013 IN A.S.NO.32/2013 OF SUB COURT, KARUNAGAPPALLY
O.S.NO.161/2007 OF MUNSIFF MAGISTRATE COURT, SASTHAMCOTTA
APPELLANT(S)/APPELLANTS/ADDL. 3RD AND 4TH DEFENDANTS :
1. RAMANIYAMMA PUSHPA, AGED 34 YEARS, W/O.BABUKUTTAN, PUSHPALAYAM, KADAPPA MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM.
2. BABUKUTTAN, AGED 39 YEARS,
S/O.GOPINADHAN PILLAI, VILAYIL THEKKATHIL, KADATHOOR MURI, THAZHAVA VILLAGE, KOLLAM.
BY ADV. SRI.Y.JAFAR KHAN
RESPONDENT/RESPONDENT/PLAINTIFF :
RAMANIYAMMA RAJI, AGED 37 YEARS, SANTHALAYAM VEEDU, KIZHAKKEKARA MURI, THEVALAKKARA VILLAGE, KOLLAM DISTRICT, PIN 690 524.
BY ADVS. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
P.B.SURESH KUMAR, J. ---------------------------------R.S.A.No.1072 OF 2015
Dated this the 17th day of March, 2016
J U D G M E N T
~~~~~~~~~~~
The additional third and fourth defendants in a suit for declaration of title and consequential reliefs are the appellants in the second appeal. The suit was decreed by the trial court. The additional defendants 3 and 4 challenged the decision of the trial court in appeal with an application seeking orders to condone the delay of 17 days in filing the appeal. I.A.No.944 of 2013 filed by the said defendants seeking orders to condone the delay in filing the appeal was dismissed by the appellate court for default on 7.8.2014. Consequently, the appeal was also dismissed. The second appeal is preferred challenging the said decision in the appeal.
R.S.A. No.1072/2015
-2-
the appellate court for readmission of the appeal as also the application for condonation of delay. The learned counsel for the respondent then pointed out that an application has already been filed by the appellants as I.A.No.1167 of 2014 for readmission of the appeal as also the application for condonation of delay and the same was dismissed by the appellate court on 14.11.2014.
In the light of the submission made by the learned counsel for the respondent, the second appeal is closed without prejudice to the right of the appellants to challenge the order on I.A.No.1167 of 2014. All the interlocutory applications in the appeal are closed.
SD/-
P.B.SURESH KUMAR, JUDGE.
ps/18/3/16
//True copy//
PA to Judge
RAMANIYAMMA PUSHPA
BABUKUTTAN
RAMANIYAMMA RAJI
P.B.SURESH KUMAR
As recorded by the court registry
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