In a regular second appeal, the High Court recorded the counsel's submission that the underlying matter was settled at the trial court. Consequently, the court dismissed the appeal as not pressed without deeper examination.
Second appeal dismissed as not pressed.
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
TUESDAY, THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940
RSA.No. 1242 of 2004 (F)
AGAINST THE DECREE AND JUDGMENT DATED 1.03.2004 IN AS No. 321/2001 of DISTRICT COURT, KOTTAYAM
AGAINST THE DECREE AND JUDGMENT DATED 22.09.2001 IN OS No. 594/1995 of ADDITIONAL SUB COURT, KOTTAYAM
APPELLANTS : - (APPELLANTS/DEFENDANTS 1 TO 6)
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS : - (RESPONDENTS/PLAINTIFF AND DEFENDANTS 7 TO 10) 1 P.K.CHELLAPPAN NAIR,
2 K.K. GOPINATHAN NAIR, KONDOOR SRIKRISHNA VILASOM, PERUMPANACHIKARA, PERUMPANACHI P.O., CHANGANACHERRY TALUK.
R.S.A.No.1242 of 2004
2
| 4 | P.M. PRABHAKARAN NAIR, SANKARAMANGALAM, NEDUMKUNNAM KARA, NEDUMKUNNAM P.O., CHANGANACHERRY TALUK. |
|---|---|
| 5 | P.N. PURUSHOTHAMAN NAIR, SANKARAMANGALAM, NEDUMKUNNAM KARA, NEDUMKUNNAM P.O., CHANGANACHERRY TALUK. |
| 6 | P.M. RAJAGOPALAN NAIR, SANKARAMANGALAM, DO. DO. |
| 7 | P.M. KRISHNAN NAIR, DO. DO. |
| 8 | P.K. SARASAMMA, KONDOOR KRISHNA BHAVAN, MADAPPALLY KARA, MADAPPALLY VILLAGE, MADAPPALLY P.O., CHANGANACHERRY. |
| 9 | K.S. GEETHA, KONDOOR KRISHNA BHAVAN, MADAPPALLY P.O., MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANACHERRY. |
| 10 | K.S. GIRIJA, KONDOOR KRISHNA BHAVAN, DO. DO. |
| 11 | S. GAYATHRI, DO. DO. |
| 12 | P.K. SAVITHRI AMMA, RADHASADANAM, THIRUVANCHOOR P.O., THIRUVANCHOOR KARA,, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK. |
| 13 | R. RADHA DEVI, RESIDING AT DO. DO. |
| 14 | R. SUDHAKARAN NAIR, RESIDING AT DO. DO. |
| 15 | R. SUDHA DEVI, RADHA SADANAM, DO. DO. |
| 16 | K.K. VASUMATHI AMMA, KONDOOR SANTHI BHAVAN, MADAPPALLY P.O., MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK. |
| 17 | S. SYAMESH, KONDOOR SANTHI BHAVAN, MADAPPALLY P.O., MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK. |
| 18 | GOPIKRISHNAN MAVELIL-27, PERUMPANACHIKARA, PERUNNAI VILLAGE, CHANGANACHERRY TALUK. |
| 19 | HARI KRISHNAN, MAVELIL-27, DO. DO. |
| 20 | P.K. GOPALAN NAIR, PUTHUKADU VEEDU, PERUMPANACHI P.O., PERUMPANACHI KARA, CHANGANACHERRY TALUK. (DELETED) |
R.S.A.No.1242 of 2004
3
(THE NAME OF THE 20th RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER VIDE ORDER DATED 7.12.00 IN IA 2678/06).
21 R. REGHUKUMAR, RADHASANDAM, THIRUVANCHOOR KARA, VIJAYAPURAM, MANARCADU VILLAGE, KOTTAYAM TALUK.
23 S. SABAREESH, KONDOOR SANTHI BHAVAN, MADAPPALLY P.O., MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK.
BY ADVS.SRI.P.GOPAL SRI.P.G.PARAMESWARA PANICKER (SR.)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A.No.1242 of 2004
4
JUDGMENT
The learned counsel for appellants fairly submitted that the matter is settled before the Sub Court, Kottayam, and hence there is no necessity to proceed further with the appeal. The submission is recorded. The second appeal is dismissed as not pressed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
P.K.PADMAVATHY AMMA
RADHAKRISHNAN NAIR
BALAKRISHNAN NAIR
VIJAYAKRISHNAN NAIR
HARIKRISHNAN
KRISHNAKUMARI
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
