John Thomas v. Omana
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 P.SOMARAJAN
FRIDAY, THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940
RSA.No. 1163 of 2004 (E)
AGAINST THE JUDGMENT IN AS No.87/1997 of DISTRICT COURT, MANJERI, DATED 07-10-2003
AGAINST THE JUDGMENT IN OS No.434/1993 of MUNSIFF COURT, MANJERI, DATED 30-08-1997
APPELLANT: (DEFENDANT IN THE SUIT – RESPONDENT IN THE A.S.)
JOHN THOMAS, S/O. VELLANILKUNNATHIL THOMAS, EDAKKARA AMSOM AND DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. (DIED)
ADDL. APPELLANTS 2 TO 7 IMPLEADED
2. SOSAMMA JOHN, W/o LATE JOHN THOMAS, VATTANILKUNNATHIL HOUSE, ILLIKKAD, P.O.EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT.
3. BINU JOHN, S/o LATE JOHN THOMAS, VATTANILKUNNATHIL HOUSE, ILLIKKAD, P.O.EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT.
4. KAILA SAM, D/o LATE JOHN THOMAS, OTHARETHU HOUSE, NELLIPPOYIL P.O., KODANCHERY, KOZHIKODE DISTRICT.
5. USHA GEORGE, D/o LATE JOHN THOMAS, VANIYAPURACKAL HOUSE, KAPPIL P.O., WANDOOR, MALAPPURAM DISTRICT.
6. ANI MATHEW, D/o LATE JOHN THOMAS, PUTHAN PURAYIL HOUSE, PALANKARA P.O., MALAPPURAM DISTRICT.
R.S.A.No.1163 of 2004
2
7. MINI VARGHESE, D/o LATE JOHN THOMAS, PLAVUNILKKUNNATHIL HOUSE, UPPADA P.O., MALAPPURAM DISTRICT.
(ADDITIONAL APPELLANTS 2 TO 7 ARE IMPLEADED AS LR'S OF DECEASED SOLE APPELLANT AS PER ORDER DATED 18.07.2006 ON I.A.No.1270/2006).
BY ADVS.SMT.MEENA.A. SMT.M.R.MINI SMT.PREETHY KARUNAKARAN SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.R.RAJESH KORMATH SRI.V.S.ROBIN
RESPONDENT (PLAINTIFF IN THE SUIT – APPELLANT IN THE A.S.): OMANA, D/o KANHIRATHINAL KOCHUTTY, EDAKKARA AMSOM AND DESOM, P.O.EDAKKARA,ERNAD TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.T.KRISHNANUNNI (SR.)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A.No.1163 of 2004
3
JUDGMENT
The learned counsel for appellants submitted that the
appellants do not want to proceed with the appeal. Hence, the appeal is dismissed as not pressed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
JOHN THOMAS
OMANA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court