The High Court of Kerala dismissed a regular second appeal as not pressed on admission, without adjudicating the merits of the underlying dispute regarding legal heirs.
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 P.B.SURESH KUMAR
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
RSA.No. 1151 of 2010 (D)
(AGAINST THE JUDGMENT IN AS.NO. 55/2003 OF ADDL.DISTRICT COURT (ADHOC)-II, MANJERI DATED 21-05-2010)
(AGAINST THE JUDGMENT IN OS.NO. 160/1994 OF MUNSIFF MAGISTRATE COURT, PERINTHALMANNA)
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APPELLANT(S)/APPELLANTS/LEGAL HEIRS OF THE DEFENDANTS :
1. AVANUKKUMKALATHIL SREEDHARAN, S/O.KESAVAN,AGED 44 YEARS,ALIPARABA AMSOM DESOM, PERINTHALMANNA TALUK.
2. AVANUKKUMKALATHIL DAKSHAYANI, D/O.KESAVAN,AGED 52 YEARS, RESIDING AT CHETHATTUR AMSOM DESOM, MANNARKKAD TALUK, PALAKKAD DISTRICT.
3. AVANUKKUMKALATHIL SAROJINI-DO-, AGED 48 YEARS, RESIDING AT ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK.
4. AVANUKKUMKALATHIL PADMAVATHI, -DO-,AGED 45 YEARS, ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK, PALAKKAD DISTRICT.
5. AVANUKKUMKALATHIL BHANUMATHI -DO-, AGED 31 YEARS, ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S)/RESPONDENTS/LEGAL HEIRS OF THE PLAINTIFF:
1. AVANUKKUMKALATHIL MADHAVAN, S/O.CHANDU, AGED 66 YEARS (DIED), ALIPARAMBA AMSOM DESOM,
PERINTHALMANNA TALUK,PALAKKAD DISTRICT, PIN-679 322.
2. PARUKUTTY, W/O.AVANUKKUMKALATHIL MADHAVAN, AGED 64 YEARS, RESIDING AT ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK, PIN-679 322.
2/-
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R.S.A.NO.1151/2010
3. SURESH, S/O.AVANUKKUMKALATHIL MADHAVAN, AGED 38 YEARS, RESIDING AT ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK,PIN-679 322.
4. PRAJULA, D/O.AVANUKKUMKALATHIL MADHAVAN, AGED 34 YEARS, RESIDING AT ALIPARAMBA AMSOM DESOM, PERINTHALMANNA TALUK, PIN-679 322.
R2 TO R4 BY ADV. SRI.R.RAJESH KORMATH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 31-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.B.SURESH KUMAR, J.
R.S.A.No.1151 of 2010
Dated this the 31st day of March, 2016
JUDGMENT
The learned counsel for the appellants submits that the second appeal is not pressed. In the light of the submission made by the learned counsel for the appellants, this second appeal is dismissed as not pressed.
P.B.SURESH KUMAR, JUDGE.
smm
Avanukkumkalathil Sreedharan and others
Avanukkumkalathil Madhavan and others
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
