The High Court of Kerala held that a Regular Second Appeal has become infructuous due to a subsequent interim order, set aside the impugned decrees, and dismissed the appeal accordingly.
Impugned decrees and judgments set aside; Appeal dismissed as infructuous.
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 B.KEMAL PASHA
MONDAY, THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939
RSA.No. 709 of 2017 (A)
AGAINST THE JUDGMENT AND DECREE DATED 08.12.2014 IN AS 87/2012 of SUB COURT, KARUNAGAPPALLY
AGAINST THE JUDGMENT AND DECREE DATED 28.01.2005 IN OS 570/2001 of MUNSIFF COURT, KOTTARAKKARA
APPELLANT/APPELLANT/PLAINTIFF :
NARAYANAN VIJAYAKUMAR,
AGED 50 YEARS, S/O NARAYANAN, RESIDING AT INCHAVILA VEEDU, KARIMPUZHA MURI, PUTHOOR VILLAGE, KOTTARAKKARA TALUK.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS/RESPONDENTS/DEFENDANTS :
1. SHYAMALA,
AGED 51 YEARS, D/O MALATHY,
NOW RESIDING AT SYAM NIVAS, KARICKAL MURI, PUTHOOR VILLAGE, KOTTARAKKARA TALUK, PUTHOOR P.O., PIN-691507.
2. DEEPIMOL,
AGED 23 YEARS, D/O SHYAMALA, SYAM NIVAS, KARICKAL MURI, PUTHOOR VILLAGE, PUTHOOR P.O., KOTTARAKKARA TALUK, PIN-691507.
3. SHYAM KRISHNAN @ DEEPU,
AGED 26 YEARS,
SYAM NIVAS, KARICKAL MURI, PUTHOOR P.O., PUTHOOR VILLAGE, KOTTARAKKARA TALUK, PIN-691507.
R1 BY ADV. SRI.ARUN BABU
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
B. KEMAL PASHA, J.
===================
R.S.A. No.709 of 2017
====================
Dated this the 9th day of October, 2017
J U D G M E N T
-----------------------
In view of the order dated 09.10.2017 in I.A.No.2605 of
2017, this Regular Second Appeal has become infructuous and the impugned decrees and judgments are set aside. In the result, this Regular Second Appeal is dismissed as
infructuous.
Sd/-
(B.KEMAL PASHA, JUDGE)
DSV/9/10/17
// True Copy //
P.A. To Judge
Narayanan Vijayakumar
Shyamala
Deepimol
Shyam Krishnan @ Deepu
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
