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Gopi Vs Manjakke — Succession and Inheritance | Kerala HC (2016)

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Gopi Vs ManjakkeGopi v. Manjakke

Dismissed

Gopi v. Manjakke

Kerala HC20 Oct 2016RSA/783/2006

Case brief

from the order text

What is this about?

COURT OF KERALA AT ERNAKULAM PRESENT: THE…

What the court decided

AI extract

Outcome

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL

THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938

RSA.No. 783 of 2006 (B)

AGAINST THE JUDGMENT IN AS 86/2002 of SUB COURT, KASARAGOD DATED 27/03/2006.

AGAINST THE JUDGMENT IN OS 290/1986 OF THE ADDITIONAL MUNSIFF, KASARAGOD DATED 29/06/2002.

APPELLANTS/APPELLANTS/APPELLANTS AND RESPONDENTS 13 TO 17 AND 27 TO 33/PLAINTIFFS 4 TO 13 AND DEFENDANTS 17, 19 TO 22 AND 33 TO 39.

1. GOPI, AGED 53 YEARS, W/O. VENKAPPA SHETTY.

2. PUSHPA, AGED 52 YEARS, W/O. PADMANABHA POOJA.

3. VIMALA, AGED 51 YEARS, W/O. SRINIVASA.

Parties & counsel

AI extract

appellant
Gopi
appellant
Pushpa

Coram

AI extract

K. Harilal

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 20 Oct 2016 · October
Registered: 17 Jul 2006
Case no.: RSA/783/2006

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Cite this judgement

Gopi v. Manjakke, RSA/783/2006 (KL), decided on 20 October 2016.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K. Harilal

Parties & counsel

Dismissed

A compact analysis

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.

4. RATHNA, AGED 47 YEARS, W/O. POOVAPPA.

5. DEVAKI, AGED 46 YEARS, W/O. LINGAPPA SHETTY.

6. KRISHNA SHETTY, AGED 49 YEARS, S/O. SANJEEVA SHETTY.

7. JAGANNATHA, AGED 39 YEARS, S/O. SANJEEVA SHETTY.

8. SOWJANYA, AGED 38 YEARS, D/O. PADMANABHA.

9. UDAYA, AGED 35 YEARS, S/O. VENKAPPA SHETTY.

PTO

-2-

10. VIJAYA KUMAR, AGED 31 YEARS, S/O. VENKAPPA SHETTY.

APPELLANTS 1 TO 10 ARE RESIDING AT KOLAKKE HOUSE, KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK.

11. K. KORAGAPPA SHETTY, AGED 77 YEARS, S/O.THYAMPANNA SHETTY,

RESIDING AT ROOM NO.11,

BUIDLING NO.5(1960), IST FLOOR,

M.L.CAMP, MUMBAI-400019. [DIED]

12. NANDAPPA K.SHETTY, AGED 61 YEARS, S/O. KUNHANNA SHETTY, RESIDING AT 76, BHAVANI BUILDING, ANUSHAKTHI NAGAR, MUMBAI-400 094.

13. THYAMPANNA K.SHETTY, AGED 59 YEARS, S/O. KUNHANNA SHETTY,

RESIDING AT ROOM NO.13, JANAK M.JOSHI CHAWL, OLD DOMBIVALI ROAD,, NEAR SHIVA TEMPLE DOMBIVALI (WEST), THANE DISTRICT,

MAHARASHTRA STATE. [DIED]

14. DOOMANNA K.SHETTY, AGED 57 YEARS,

S/O. KUNHANNA SHETTY, RESIDING AT

M.S.T.C.CANTEEN, 33 A LOTUS HOUSE,

1ST FLOOR, NEW MARINE LINE, MUMBAI. [DIED]

15. SHEKHARA T.SHETTY, AGED 46 YEARS, S/O.THIMMAYYA KAVE, RESIDING AT 812 RAHEJA CHEMBUR, NARIMAN POINT, MUMBAI-21.

16. REVATHY R. SHETTY, AGED 79 YEARS, W/O. MUTHAPPA SHETTY.

17. GOPALA SHETTY, AGED 59 YEARS, W/O. MUTHAPPA SHETTY.

18. JAYA SHETTY, AGED 55 YEARS, S/O. MUTHAPPA SHETTY.

19. SULOCHANA SHETTY, AGED 50 YEARS, D/O. MUTHAPPA SHETTY.

20. SHAKUNTHALA SHETTY, AGED 40 YEARS, D/O. MUTHAPPA SHETTY.

PTO

-3-

21. SURESHA SHETTY, AGED 49 YEARS, S/O. MUTHAPPA SHETTY.

22. GULABI SHETTY, AGED 45 YEARS, D/O. MUTHAPPA SHETTY.

APPELLANTS 16 TO 22 ARE RESIDING AT GULAB BAI, CHAWL, ROOM NO.8, P.P.DAIS COMPOUND, JOGESHWARI(EAST), MUMBAI-400 060.

BY ADV. SRI. K.G.GOWRI SHANKAR RAI

RESPONDENTS/RESPONDENTS 1 TO 12,18 TO 26 & 34 &35/ DEFENDANTS 1 TO 6,8,10, 12 TO 15, 23 TO 29, 31, 32, 40 AND 41:

1. MANJAKKE, AGED 58 YEARS, W/O. VENKAPPA SHETTY.

2. RAMAKKE @ PUSHPA, AGED 56 YEARS, W/O. MONAPPA.

3. SASHIKALA, AGED 39 YEARS, D/O. VENKAPPA SHETTY.

4. PREMA, AGED 38 YEARS, D/O. MONAPPA CHOWTA.

5. SHEKARA, AGED 34 YEARS, S/O. VENKAPPA SHETTY.

RESPONDENTS 1, 3 AND 5 ARE RESIDING AT GOLIDADI HOUSE, UDYAVARA VILLAGE, KASARAGOD TALUK, P.O. KUNJATHUR.

6. BALAKRISHNA, AGED 31 YEARS, S/O. MONAPPA CHOWTA.

7. SANKAPPA SHETTY, AGED 89 YARS, S/O. UNHAKKE, RESIDING AT NEW STAR MANSION, 4TH FLOOR, ROOM NO.41, DHOBIWADA ROAD, JACOB CIRCLE, MUMBAI.[DIED]

PTO

-4-

8. MUKNDAPPA N. RAI, AGED 51 YEARS, S/O. UNHAKKE, RESIDING AT ROOM NO.26,

BLOCK NO.106, PREM NAGAR, SREERAM POWERING JANATHY COLONY, JOGESHWARI (EAST),

MUMBAI-400 050.

9. SUNDARI S. ALVA, AGED 69 YEARS, W/O. SHANKARA ALVA.

10. VITTALA ALVA, AGED 49 YEARS, S/O.SHANKARA ALVA.

11. MADHUSOODHANA, AGED 33 YEARS, S/O. SHANKARA ALVA.

12. RAGHUNATHA, AGED 29 YEARS, S/O. SHANKARA ALVA.

RESPONDENTS 2,4,6,9 TO 12 ARE RESIDING AT KOLAKKE, HOUSE, KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK.

13. REVATHI R.SHETTY, AGED 73 YEARS, W/O. RAMANNA SHETTY, RESIDING AT SUKHO SAGAR COLONY, KOLYAN, THANE DISTRICT,

MAHARASTRA STATE.

14. LEELAVATHI, AGED 59 YEARS, W/O. AMMU RAI, RESIDING AT C/O. KAMALA HENGSU, SHIRIBAGILU VILLAGE, SHIRIBAGILU BERE, BHAKTHIMANE HOUSE, P.O. SHIRIBAGILU, KASARAGOD TALUK.

15. RAJEEVA N.SHETTY, AGED 73 YEARS, S/O. K.NARAYANA SHETTY, RESIDING AT EBRAHIM MISTRY, CHAWL, MOROLI VILLAGE, J.B.NAGAR, P.O.MOROLI, MUMBAI-400 069.

*16. YAMUNA SHETTY, AGED 83 YEARS, W/O. DOOMANA SHETTY. [DIED] 17. DAYANANDA SHETTY, AGED 69 YEARS, S/O. DOOMANNA SHETTY.

18. SHANTHA SHETTY, AGED 57 YEARS, D/O. DOOMANNA SHETTY.

19. CHANCHALAKSHI SHETTY, AGED 54 YEARS, D/O. DOOMANNA SHETTY.

PTO

-4-

20. DIVAKARA SHETTY, AGED 47 YEARS, S/O. DOOMANNA SHETTY.

21. SAVITHA SHETTY, AGED 45 YEARS, D/O. DOOMANNA SHETTY.

22. HEMAVATHI, AGED 47 YEARS, W/O. PRAKASH SHETTY.

23. BHAGI, AGED 82 YEARS, W/O. THIMMAYYA KAVE. ** [DIED],

RESPONDENTS 16 TO 23 ARE RESIDING AT KOLKE HOUSE, KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK.

AS PER ORDER DATED 20/10/09 IN MEMO DATED 9/10/09 (CF.NO.6406/090 IT IS RECORDED THAT R17 TO R21 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED R16.

**** AS PER ORDER DATED 20/10/09 IN I.A.NO.2397/09 IT IS DIRECTED THAT IMPLEADMENT OF LRs. OF DECEASED R23 IS NOT REQUIRED AT THE RISK OF APPELLANTS/PETITIONERS AS TO CONSEQUENCES IF ANY.**

R9-12 BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) ADV. SRI.K.JAYAKUMAR ADV. SRI.P.B.KRISHNAN

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K. HARILAL, J.

-----------------------------------------------------R.S.A. No. 783 of 2006

Dated this the 20^th day of October, 2016

JUDGMENT

As per the order dated 29/9/2016, this appeal will stand dismissed for non-prosecution.

SD/-

(K. HARILAL, JUDGE)

Nan/

//true copy//

P.S. to Judge

CNR

KLHC010318472006

Topic

Succession and Inheritance

Bench

Disposal

DISMISSED FOR NON PROSECUTION

20 Oct 2016

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