Regular first appeal filed by appellants was dismissed by the High Court for non-prosecution as the appellants and their counsel were absent. Corpus of judgment is a one-line order.
Appeal dismissed for non-prosecution with costs awarded to respondents 4 to 6 and 8 to 10.
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 25th DAY OF JULY 2022 / 3RD SRAVANA, 1944
RFA NO. 873 OF 2010 (J)
AGAINST THE JUDGMENT & DECREE DATED 31.07.2010 IN OS No.90/2008 OF
SUB COURT, OTTAPALAM
APPELLANTS/PLAINTIFFS:
| 1 | NARAYANA PANIKKAR (DIED) S/o ITTIYECHI @ AMMALU AMMA, ULLATTIL, POOKKUNNATH DESOM, VIYYAKKURUSSI AMSOM, MANNARKKAD TALUK, PALAKKAD DISTRICT. |
|---|---|
| 2 | JALAJA, W/o KESAVAPANIKKAR (LATE), S/o ITTIYECHI @ AMMALU AMMA, ULLATTIL, VIYYAKKURUSSI AMSOM, PUTHAN VEEDU, MUTHUKURUSSI AMSOM, VIA. THACHAMPARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. |
| 3 | SIVAKUMAR, S/o JALAYA, C/o RAVI STORES, BHEL QUARTERS ROAD, KENCHANAHALLI, RAJARAJESWARI NAGAR, BANGALORE-98. |
| 4 | SREELEKHA, S/o JALAYA, C/o RAVI STORES, BHEL QUARTERS ROAD, KENCHANAHALLI, RAJARAJESWARI NAGAR, BANGALORE-98. |
| ADDL.A5 | RUKMINI K.V., AGED 75 YEARS, W/o LATE NARAYANA PANIKKAR, 23/1, HOSUR ROAD, ADIGODI, BANGALORE -560 030 |
| ADDL.A6 | PREMA RAJAGOPALAN, AGED 55 YEARS, D/o LATE NARAYANA PANIKKAR, 23/1, HOSUR ROAD, ADIGODI, BANGALORE -560 030 |
| ADDL.A7 | PADMAJA K.V., AGED 53 YEARS, D/o LATE NARAYANA PANIKKAR, 23/1, HOSUR ROAD, ADIGODI, BANGALORE -560 030 |
| ADDL.A8 | NIRMALA REGHUNATHAN, AGED 52 YEARS, D/o LATE NARAYANA PANIKKAR, 23/1, HOSUR ROAD, ADIGODI, BANGALORE -560 030 |
RFA No.873 of 2010
2
(LEGAL HEIRS OF DECEASED A1 ARE IMPLEADED AS ADDITIONAL A5 TO A11, VIDE ORDER DATED 26.6.2020 IN IA NO.465/2017(IA NO.3/2017).
BY ADV. SRI.P.JAYARAM
RESPONDENT/DEFENDANT:
RFA No.873 of 2010
3
(ADDITIONAL RESPONDENTS 2 TO 10 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED SOLE RESPONDENT VIDE ORDER DATED 14.06.2022 IN IA 1059/2015)
R4-R6 & R8 - R10 BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 25.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA No.873 of 2010
4
JUDGMENT
Appellants and counsel remained absent. This is an appeal of the year 2010. The counsel for respondents 4 to 6 and 8 to 10 present and ready with the matter. Hence, the appeal is dismissed for non prosecution with cost of respondents 4 to 6 and 8 to 10.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Narayana Panikkar et al.
Lakshmikutty @ Kunhilakshmi et al.
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
