The Court dismissed the regular second appeal because the accompanying condonation of delay application (C.M. Application No. 1097 of 2015) was dismissed.
Second appeal dismissed due to dismissal of condonation of delay application.
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
MONDAY, THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940
RSA.No. 1358 of 2015
[AGAINST THE JUDGMENT AND DECREE DATED 31.08.2002 IN AS 47/2000 OF II ADDL.DISTRICT COURT,ERNAKULAM]
[AGAINST THE JUDGMENT AND DECREE DATED 19.11.1999 IN OS 79/1995 OF SUB COURT, MUVATTUPUZHA]
APPELLANT/PLAINTIFF:
M.V.ELIZABETH, AGED 75 YEARS
W/O.K.K.THOMAS, KALAPPURAYIL HOUSE, KAKKAD PO, PIRAVOM, VIA. MUVATTUPUZHA, ERNAKULAM 686664
BY ADVS. SRI.V.V.ASOKAN (SR.) SRI.K.I.MAYANKUTTY MATHER SRI.P.RAHUL
RESPONDENTS/RESPONDENTS/DEFENDANTS 1,2,4,5,7,9 AND SUCCESSOR IN INTEREST OF 3RD DEFENDANT:
1 PAMPAKKUDA M.T.M.HIGH SCHOOL, PAMPAKKUDA, 686667, REPRESENTED BY ITS MANAGER.
2 JOHN ABRAHAM
AGED 58 YEARS
S/O.LATE FR. ABRAHAM KONATT, KONATT HOUSE, MENMURY VILLAGE, MUVATTUPUZHA TALUK, PAMPAKKUDA 686667.
3 C.V.MARY, AGED 74 YEARS D/O.CHERIYAN, CHALAPPURATH HOUSE, JANATHA ROAD, PALARIVATTOM, ERNAKULAM 682025
4 K.P.PAUL, AGED 73 YEARS
S/O.K.P.PAILY, KOCHUPURACKAL HOUSE, ONAKKUR VILLAGE, PERIYAPURAM PO, MUVATTUPUZHA TALUK 686667
5 SIMILU PUNNOOSE, AGED 65 YEARS D/O.PUNNOOSE M.M, MADAPARAMBIL HOUSE, ONAKKOOR VILLAGE, PAMPAKUDA P.O, MUVATTUPUZHA 686667.
RSA No. 1358 of 2015 2
6 BRIGADIER M.G. JACOB, AGED 81 YEARS S/O.M.J.JACOB, C/O.56 APO, D.S.S.C., WILLINGTON, NILGIRI DISTRICT, PIN 643217.
ADDITIONAL RESPONDENTS 8 AND 9 IMPLEADED
9. RIYA MARY MONCY, AGED 34 YEARS, RESIDING IN CHANDRATHIL HOUSE, PAMPAKKUDA, VIA MUVATTUPUZHA, PIN-686667
[LEGAL REPRESENTATIVES OF DECEASED 7TH RESPONDENT ARE IMPLEADED AS ADDITIONAL R8 AND R9 AS PER ORDER DATED 05.07.2018 IN I.A. NO. 1859 OF 2018]
BY ADVS. SRI.K.R.GANESH FOR R1 TO R3 SRI.C.T.JOSEPH AND SHRI. JOE POLLAYIL FOR R5 SRI.V.PHILIP MATHEW FOR R8 AND R9 SHRI.SREELAL WARRIER FOR R4 SHRI. VINAY MENON FOR R6
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
In the light of the dismissal of C.M.Application No. 1097 of
2015 filed by the appellant for condonation of delay in filing the second appeal, the second appeal is also dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE
PKK
1 issue framed by the court
Whether the condonation of delay sought by the appellant in filing the second appeal is admissible.
M.V. Elizabeth
Pampakuda M.T.M. High School, represented by its Manager
John Abraham
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
