The appellant filed a memo expressing lack of desire to prosecute the appeal further. Consequently, the court dismissed the regular first appeal as withdrawn without granting any specific relief.
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 MRS. JUSTICE MARY JOSEPH
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
RFA.No.682 OF 2012
AGAINST THE JUDGMENT AND DECREE IN O.S No.63/2007 DATED 07-03-2012 OF SUB COURT, SULTHANBATHERY
APPELLANTS/PLAINTIFFS:
1 KALATHINGAL N.D.USHA, W/O.ARUN PRASAD, ANJUKUNNU POST, ANJUKUNNU AMSOM DESOM, MANANTHAVADY TALUK.
*2 N.DHARANEENDRAN, (DIED) S/O.MARANNA GOWDER, NEERVARAM, PANAMARAM AMSOM, KUPPATHODE DESOM, MANANTHAVADY TALUK.
ADDITIONAL A3 BHANUMATHI, AGED 66 YEARS, W/O.LATE DHARANEEDRAN , NEERVARAM HOUSE, NEERVARAM P.O. PANAMARAM AMSOM ,KUPPATHOD DESOM MANANTHAVADY TALUK, WAYANAD DISTRICT.
ADDITIONAL A4 N.D VALSALA, W/O.DEVANAND, SREE NIKETHAN, ADAYATT, PANAMARAM P.O WAYANAD.
*** (LRS' OF THE DECEASED 2ND APPELLANT IS IMPLEADED AS ADDITIONAL APPELLANTS 3 AND 4 AS PER THE ORDER DATED 21.7.14 IN IA 1487 /14.)**
BY ADVS. SRI.V.V.ASOKAN (SR.) SRI.K.I.MAYANKUTTY MATHER SRI.RAMANYA GAYATHRI.M SRI.R.JAIKRISHNA (FOR ADDITIONAL A3 AND A4)
RESPONDENTS/DEFENDANTS:
1
NEERVARATH JWALINI AVVA, D/O.MANTHI, NAGTHNA AWWA, NEERVARAM POST, PANAMARAM AMSOM, KUPPATHODE DESOM, MANANTHAVADY TALUK, WAYANAD-670721.
RFA.No.682/2012 2
2 C.D.SUTHYAPRABHAN, S/O.DHARMAPALA GOWDER, NEERVARAM POST, PANAMARAM AMSOM, KUPPATHODE DESOM, MANANTHAVADY TALUK, WAYANAD-670721.
3 DINESH KUMAR, S/O.PADMAVATHY AVVA, DINESH MANDIRAM, NEERVARAM POST, PANAMARAM AMSOM, KUPPATHODE DESOM, MANANTHAVADY TALUK, WAYANAD-670721.
5 DINAKAR M.A., S/O.PADMAVATHY AVVA, NEERVARAM, PANAMARAM AMSOM, KUPPATHODE DESOM, MANANTHAVADY TALUK, WAYANAD-670721.
R3 TO R5 BY ADV. SRI.M.KRISHNAKUMAR
R2 BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.682/2012 3
JUDGMENT
Dated this the 8th day of March, 2021
Memo filed by the appellants in the appeal stating that the appellants are not desirous of prosecuting the case any further.
In the result, the appeal stands dismissed as withdrawn.
Sd/-
MARY JOSEPH
JUDGE
JJ
KALATHINGAL N.D.USHA
N.DHARANEENDRAN
BHANUMATHI
N.D VALSALA
NEERVARATH JWALINI AVVA
C.D.SUTHYAPRABHAN
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
