The High Court of Kerala disposed of two appeals (A.S. 312/1997 and 676/1998) by granting the appellants permission to withdraw them, resulting in the dismissal of both suits as withdrawn.
Permission to withdraw appeals granted; both appeals dismissed as withdrawn.
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
MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
AS NO. 312 OF 1997
AGAINST THE DECREE AND JUDGMENT DATED 31-10-1996 IN OS
119/1991 OF SUB COURT, KASARAGOD.
APPELLANT(2nd DEFENDANT) :
HEMALATHA, D/O. UMMAKKE AND W/O. SOMANATHA NAIK, RESIDING AT BALLIMOGARU, KUDLU VILLAGE, KASARAGOD TALUK, P.O. KUDLU.
BY ADVS.
SRI.D.KRISHNA PRASAD SRI.M.HARISHARMA SRI.JOJI VARGHESE
RESPONDENT (PLAINTIFFS & DEFENDANTS 1 AND 4 TO 21) :
1 DEVAPPA NAIK (DIED) S/O SUBBU HENGSU, RESIDING AT BANABATTU, KUDLU VILLAGE, P.O. KUDLU, KASARAGOD TALUK AND DISTRICT.
A.S Nos.312 of 1997 & 676 of 1998 2
*4 MANAKKE (DIED)
W/O AITHAPPA NAIK, RESIDING AT BALARKODE, KUDLU VILLAGE, KASARAGOD TALUK AND DISTRICT,P.O.KUDLU.
*** (IT IS RECORDED THAT THE 4TH RESPONDENT IN THE APPEAL IS DEAD AND RESPONDENTS 13 AND 14 ARE RECORDED AS HER LEGAL REPRESENTATIVES AS PER ORDER DATED 2.2.2000 IN MEMO DATED 23.1.98 WITH CF NO.1281/98.**
5 KALYANI,
W/O. BANTAPPA NAIK, RESIDING AT RAMANAGAR, BIKARNAKATTE MANGALORE TOWN VILLAGE, MANGALORE TALUK, P.O.BIKARNNAKATTE D.K. DISTRICT, KARNATAKA STATE.
6 SARASWATHI,
D/O. BANTAPPA NAIK, RESIDING AT RAMANAGAR, BIKARNAKATTE MANGALORE TOWN VILLAGE, MANGALORE TALUK, P.O.BIKARNNAKATTE D.K. DISTRICT, KARNATAKA STATE.
7 BABY,
W/O SUBBAPPA NAIK, RESIDING AT YERIKALA, MADHUR VILLAGE, P.O.MADHUR, KASARAGOD TALUK AND DISTRICT.
8 MOHANA,
S/O. BANTAPPA NAIK, RESIDING AT RAMANAGAR, BIKARNAKATTE MANGALORE TOWN VILLAGE, MANGALORE TALUK, P.O.BIKARNNAKATTE D.K. DISTRICT, KARNATAKA STATE.
9 HEMAVATHI,
D/O AKKU HENGSU, RESIDING AT BARAKE, MANNAGUDDE, MANGALORE TOWN AND VILLAGE, MANGALORE TALUK, MANGALORE-3, D.K.,KARNATAKA STATE.
10 SEETHAMMA (DIED), W/O BABU NAIK, RESIDING AT SOORLU, NEAR SHANGARAGURI, KUDLU VILLAGE, P.O.RAMADASNAGAR, KASARAGOD TALUK & DISTRICT.
A.S Nos.312 of 1997 & 676 of 1998 3
11 BHAVANI,
15 JANARDHANA D. NAIK, S/O DOOMANNA NAIK, RESIDING AT KALLANGANDI HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
S/O.DOOMANNA NAIK, RESIDING AT KALLANGANDI HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
17 LALITHA D. NAIK, D/O.DOOMANNA NAIK, RESIDING AT POOKARE HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
***(IT IS RECORDED THAT THE 18TH RESPONDENT IN THE APPEAL IS DEAD. RESPONDENTS 19 TO 22 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT AS PER ORDER DATED 2.2.2000 IN MEMO DATED 23.1.1998 WITH C.F.NO.1280/98.)**
A.S Nos.312 of 1997 & 676 of 1998 4
19 SAROJINI,
20 NANDAKUMAR (DIED), S/O. MANOHARA D.NAIK, RESIDING AT KALYARGODI HOUSE, KUDLU VILLAGE, P.O.RAMADASNAGAR, KASARAGOD.
ADDITIONAL R23 TO 36 SOUGHT TO BE IMPLEADED
23 RATNA, D/O.SEETHAMMA AND W/O.KAMALAKSHA, RESIDING AT GANGA CROZZ ROAD, RAMDASNAGAR P.O., KASARGOD-671 125.
24 SUNITHA, D/O.SEETHAMMA, RESIDING AT GANGA CROZZ ROAD, RAMDASNAGAR P.O., KASARGOD-671 125.
25 SHYAM SUDER, S/O.SEETHAMMA AND W/O KAMALAKSHA, RESIDING AT GANGA CROZZ ROAD, RAMDASNAGAR P.O., KASARGOD-671 125.
26 POORNIMA, D/O.SEETHAMMA, RESIDING AT GANGA CROZZ ROAD, RAMDASNAGAR P.O., KASARGOD-671 125.
ADDITIONAL RESPONDENTS 23 TO 26 ARE IMPLEADED AS THELEGAL HEIRS OF DECEASED 10TH RESPONDENT VIDE ORDER DATED 11-3-2022 IN I.A NO.13 OF 2009.
A.S Nos.312 of 1997 & 676 of 1998 5
W/O.DEVAPPA NAIK, BANA BETTU HOUSE, KORUVOIL KUDLU- 671 124, KASARAGOD.
S/O.LATE DEVAPPA NAIK, BANA BETTU HOUSE, KORUVOIL KUDLU 671 124.
ADDITIONAL RESPONDENTS 27 TO 32 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 1ST RESPONDENT VIDE ORDER DATED 11-3-2022 IN I.A NO.12 OF 2011.
ADDITIONAL RESPONDENTS 33 TO 35 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 12TH RESPONDENT VIDE ORDER DATED 11-3-2022 IN I.A NO. 10 OF 2011.
A.S Nos.312 of 1997 & 676 of 1998 6
36 AMBA, W/O.MANOHARA D.NAIK, RESIDING AT KALYARGADI HOUSE, KUDLU VILLAGE, RAMDASNAGAR P.O., KASARAGOD- 671 121.
R21 & R22 ARE RECORDED AND ADDITIONAL 36 IS IMPLEADED AS THE LEGAL HEIRS OF DECEASED 20TH RESPONDENT VIDE ORDER DATED 11-03-2022 IN I.A NO.5 OF 2015.
BY ADVS. SRI.P.SHRIHARI FOR R13 SRI.R.SURENDRAN FOR R14 SRI.A.P.CHANDRASEKHARAN FOR R14 SMT.P.VANI FOR R13 SRI.KODOTH PUSHPARAJAN FOR R14.
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 30.05.2022, ALONG WITH AS.676/1998, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.S Nos.312 of 1997 & 676 of 1998 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
AS NO. 676 OF 1998
AGAINST AS 17/1997 OF DISTRICT COURT, KASARAGOD.
APPELLANT/4TH DEFENDANT :
SMT.HEMALATHA, AGED 37 YEARS, W/O.SOMANATHA NAIK, AND D/O.UMMAKKE, HINDU, AGRICULTURIST, RESIDING AT BALLIMOGARU OF KUDLU VILLAGE, KASARAGOD TALUK, P.O.KUDLU.
BY ADVS.
SRI.D.KRISHNA PRASAD SRI.JOJI VARGHESE
RESPONDENT (PLAINTIFF/D2, D6 TO 8, 10 TO 13,
15 TO 20, 22 TO 25 :
1 CHANDRAVATHI, AGED ABOUT 25 YEARS, D/O.KRISHNA NAIK, HINDU, CULTIVATOR, RESIDING AT BULARKODU IN KUDLU VILLAGE, KASARAGOD TALUK, P.O.KULDU
A.S Nos.312 of 1997 & 676 of 1998 8
8 SEETHAMMA (DIED) AGED ABOUT 38 YEARS, WIFE OF BABU NAIK, HINDU, HOUSEHOLDER, RESIDING AT SOORLU, NEAR SHANKARAGURI IN KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.(DIED)
9 BAVANI, AGED ABOUT 35 YEARS, WIFE OF SESAPPA NAIK, HINDU, HOUSEHOLD, RESIDING AT MURA OF PUTTUR KASABA VILLAGE, PUTTUR TALUK, KARNATAKA STATE (D.K).
10 MALINGA NAIK (DIED) AGED ABOUT 33 YEARS, SON OF DECEASED AKKU HENGSU, HINDU, DRIVER, K.S.R.T.C, RESIDING AT KELLAMPADY, KASARAGOD KASABA VILLAGE, KASARAGOD TALUK.
A.S Nos.312 of 1997 & 676 of 1998 9
12 RAJEEVI, AGED ABOUT 58 YEARS, D/O.SUBBA HENGSU, WIFE OF P.NARAYANA NAIK, HINDU, HOUSE HOLD, RESIDING AT ADKATHBAIL VILLAGE, KASARAGOD TALUK, P.O.KASARAGOD.
14 JANARDHANA NAIK,
AGED ABOUT 54 YEARS, SON OF DOOMA NAIK, HINDU, AGRICULTURIST, RESIDING AT KALLANGANDI HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
16 LALITHA,
AGED ABOUT 46 YEARS, D/O.DOOMA NAIK AND WIFE OF KRISHNA NAIK, HINDU, HOUSEHOLD, RESIDING AT POOKARE HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
17 SAROJINI, AGED ABOUT 38 YEARS, WIDOW OF MANOHARA, HIDU, HOUSEHOLD, RESIDING AT KALLANGANDI HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR.
A.S Nos.312 of 1997 & 676 of 1998 10
*20 CHANDU KUMAR, AGED 7 YEARS
***(MINOR CHILD OF LATE MANCHARA HINDUS) RESIDING AT KALLANGANDI HOUSE, KUDLU VILLAGE, KASARAGOD TALUK, P.O.RAMADASNAGAR, REPRESENTED BY THEIR GUARDIAN ADVOCATE SRI.RAVINDRAN NAMBIAR, KASARAGOD.**
22 SUNITHA,
D/O SEETHAMMA, REISDING AT GANGA CROZZ ROAD, RAMDASNAGAR PO, KASARGOD - 671125.
23 SHYAM SUNDER,
S/O SEETHAMMA AND W/O KAMALAKSHA, REISDING AT GANGA CROZZ ROAD, RAMDASNAGAR PO, KASARGOD - 671125.
24 POORNIMA, D/O SEETHAMMA, REISDING AT GANGA CROZZ ROAD, RAMDASNAGAR PO, KASARGOD - 671125.
ADDITIONAL R21 TO R24 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASAED R8 VIDE ORDER DATED 11-3-2022 IN I.A NO.13 OF 2009.
25 SAROJINI,
W/O MAHALINGA NAIR, KOLLAMBADI HOUSE, KASARGOD - 671121.
S/O MAHALINGA NAIR, KOLLAMBADI HOUSE, KASARGOD - 671121.
A.S Nos.312 of 1997 & 676 of 1998 11
27 DEEPA,
W/O CHANDRASHEKER, BEERANTHOLI, BHOOTHANGODI HOUSE, KASARGOD - 671121.
ADDITIONAL R25 TO R27 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R10 VIDE ORDER DATED 11-032022 IN I.A NO.10 OF 2011.
28 YAMUNA,
30 ASHOKA,
S/O LATE DEVAPPA NAIK, GANGE ROAD, RD NAGAR, KUDLU, KASARGOD DISTRICT - 671125.
31 RAVI,
S/O LATE DEVAPPA NAIK, ABHAYA ROAD, THALIPADAPPU, 671121 KASARGOD.
32 PUSHPAVATHI, W/O KRISHNA NAIK, ONITHOR HOUSE, KOKKADA, BELTHANGADI TALUK, DISTRICT KASARGOD.
33 GIRISH NAIK,
S/O LATE DEVAPPA NAIK, BANA BETTU HOUSE, KORUVOIL KUDLU 671124.
ADDITIONAL R28 TO R33 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R11 VIDE ORDER DATED 11-3-2022 IN I.A NO.12 OF 2011.
A.S Nos.312 of 1997 & 676 of 1998 12
*34 AMBA, W/O MANOHARA D NAIK, RESIDING AT KALYARGADI HOUSE, KUDLU VILLAGE, RAMDASNAGAR P.O., KASARGOD - 671 121.
*R19 & R20 ARE RECORDED AND ADDITIONAL R34 IS IMPLEADED AS THE LEGAL HEIRS OF DECEASED R18 VIDE ORDER DATED 11-03-2022 IN I.A NO.4 OF 2015.
BY ADVS. SRI.R.SURENDRAN SRI.A.P.CHANDRASEKHARAN SR.FOR R1 SRI.A.DINESH RAO FOR ADDL.R21 TO R27 SMT.PRABHA R.MENON SRI.P.SHRIHARI SRI.R.SURENDRAN SRI.SUNIL SHANKER FOR R2 SMT.P.VANI
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 30.05.2022, ALONG WITH AS.312/1997, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.S Nos.312 of 1997 & 676 of 1998 13
P.SOMARAJAN, J.
------------------------------------------------
A.S Nos.312 of 1997 & 676 of 1998
---------------------------------------------------Dated this the 30th day of May, 2022.
J U D G M E N T
The learned counsel for the appellants sought permission to withdraw the appeals. Hence, permission
granted. Both the appeals will stand dismissed as withdrawn.
Sd/-
P. SOMARAJAN, JUDGE
amk
P.SOMARAJAN, J.
-----------------------------
A.S Nos.312 of 1997 & 676 of 1998
---------------------------
Dated : 30-05-2022.
J U D G M E N T
Hemalatha
Chandravathi
Saraswathi
Kallayani
Saraswathi
Baby
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
