Dismissed

V.K.Radha Nethiar v. Joseph

Kerala HC2 Jul 2020RSA/837/2005

Case brief

AI extract

What is this about?

Regular second appeal filed against decrees of additional district court and additional munsiff court was filed to withdraw the appeal without prejudice to the right of exhausting remedy, if any available. Court granted the permission to withdraw and consequently the appeal was dismissed as withdrawn.

What did the court decide?

Permission to withdraw the appeal was granted and the appeal was dismissed accordingly.

V.K.Radha Nethiar Vs Joseph — Civil Procedure and Limitation | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942

¶5

RSA.No.837 OF 2005

¶6

AGAINST THE JUDGMENT AND DECREE DATED 04-03-2005 IN AS 87/2001 OF II ADDITIONAL DISTRICT COURT,PALAKKAD

¶7

AGAINST THE JUDGMENT AND DECREE DATED 31-10-2000 IN OS 272/1994 OF ADDITIONAL MUNSIFF COURT, PALAKKAD

¶8

APPELLANTS/APPELLANTS/PLAINTIFFS:

¶9

1 V.K.RADHA NETHIAR, D/O.RUGMINI NETHIAR, AGED 64 YEARS, RESIDING AT THOPOVANAM, DHONI, AKATHETHARA AMSOM, PALAKKAD.

¶10

2 RUGMINI, D/O.V.K.RADHA NETHIAR, AGED 37 YEARS, RESIDING AT DO.DO.

¶11

3 RAMACHANDRAN, S/O.V.K.RADHA NETHIAR, AGED 34 YEARS, RESIDING AT DO.DO.

¶12

4 LAKSHMI D/O.DO., AGED 32 YEARS, RESIDING AT DO.DO.

¶13

5 SARASWATHI, D/O.DO., AGED 32 YEARS, RESIDING AT .DO.

¶14

BY ADVS.

¶15

SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR

¶16

RESPONDENTS/APPELLANTS/DEFENDANTS 4 TO 8 AND 1 TO 2:

¶17

1 JOSEPH, S/O JOHNKUTTY, AGED 51 YEARS, RESIDING AT NARIAMPARAMBU, IRUTHIMURI, VAZHAPILLI, PADINHAREMURI VILLAGE, CHANGANASSERI TALUK.

¶18

2 TOJOMON, S/O. DO., AGED 31 YEARS, RESIDING AT DO.DO.

¶19

3 LOUIS, S/O. DO. AGED 40 YEARS, RESIDING AT DO.DO.

¶20

4 SIBIYACHAN, S/O.DO., AGED 36 YEARS, RESIDING AT DO.DO.

¶21

RSA.No.837 OF 2005 2

¶22

5 JOSEPH, S/O.VARGHESE, AGED 46 YEARS, RESIDING AT VETTITHIRUMURI, VAZHAPPILLI, PADINHAREMURI VILLAGE, KARTHIKAPPALLI, CHANGANASSERI TALUK.

¶23

*6 APPA IYER ALIAS C.S.NNARAYANA IYER, AGED 90 YEARS, S/O.SESHU PATTAR, CHATHAPURAM VILLAGE, PUTHUR AMSOM, PALAKKAD DISTRICT. (DIED) (NAME STRIKE OFF)

¶24

*7 THANKA ALIAS LAKSHMI AMMAL, AGED 75 YEARS, W/O.C.S.NARAYANA IYER, DO.DO. (DIED, NAME STRIKE OFF)

¶25

(THE NAMES OF R6 AND R7 ARE STRIKE OFF FROM THE PARTY ARRAY AS PER ORDER DATED 9/6/06 IN I.A. 1061/06)

¶26

8 KARUPPACHAMI, AGED 65 YEARS, S/O.KALIAPPAN CHETTIAR, KONGANPADAM, AKATHETHARA AMSOM, PALAKKAD TALUK.

¶27

R1 TO R5 BY ADVS. SRI.GEEN T.MATHEW

¶28

SRI.O.RAMACHANDRAN NAMBIAR

¶29

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶30

RSA.No.837 OF 2005 3

¶31

JUDGMENT

¶32

Permission is sought to withdraw the appeal without prejudice to the right of exhausting remedy, if any, available. Hence, permission granted. The appeal is dismissed as withdrawn.

Sd/-

P.SOMARAJAN

JUDGE

//TRUE COPY//

P.A. TO JUDGE

msp

V.K.Radha Nethiar v. Joseph

Case brief

What is this about?

What did the court decide?

V.K.Radha Nethiar v. Joseph

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Thankamma Vs Kuttappan (Died)

Kunjappan, Vs Sreenivasan

Palangodan Illath Veettil Soudamini Vs Pullaikodi Veettil Vanaja & Anr.

Colombo Dockyard Plc Vs M.T.Hansa Prem

Jose Vs Dr.P.Ramakrishnan

Jose Devassy Vs C.M.Vijayan