The High Court of Kerala dismissed the regular second appeal for non-prosecution as the appellant failed to comply with a prior order and appeared unwilling to proceed. The interim stay was vacated and the trial court was directed to execute the decree.
The appeal dismissed for non-prosecution; interim stay vacated; trial court directed to execute decree.
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 A. BADHARUDEEN
WEDNESDAY, THE 6TH DAY OF DECEMBER 2023/15TH AGRAHAYANA, 1945
RSA NO. 1175 OF 2017
AGAINST THE DECREE AND JUDGMENT DATED 28.06.2017 IN AS 21/2015 OF
THE ADDITIONAL DISTRICT COURT-IV, THODUPUZHA
DEGREE AND JUDGMENT DATED 20.12.2014 IN OS 29/2004 OF MUNSIFF
COURT, DEVIKULAM
APPELLANT/APPELLANT/ADDITIONAL 2ND PLAINTIFF:
BHARATHAN AGED 51 YEARS AGED 51, S/O. LATE GANAPATHY, KOTTAKAMPOOR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS 1 TO 4, 6 TO 8, 10 TO 13 / DEFENDANTS 1 TO 4, 6 TO 8 AND ADDL.DEFENDANTS 11 TO 14:
1 RAMASWAMY AGED 62 YEARS AGED 62, S/O. LATE RAGASWAMY, RESIDING AT KOTTAKAMBOOR, KOTTAKAMBOOR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
2 REJENDERAN AGED 57, S/O. LATE RANGASWAMY, RESIDING AT KOTTAKAMBOOR, KOTTAKAMBOOR VILLAGE,DEVIKULAM TALUK, IDUKKI DISTRICT.
3 KANNIYAMMA AGED 49 YEARS D/O. LATE SUBRAMANI, RESIDING AT KOTTAKAMBOOR, KOTTAKAMBOOR VILLAGE,DEVIKULAM TALUK, IDUKKI DISTRICT.
4 PALANIYAMMA
AGED 54 YEARS
RSA NO. 1175 OF 2017
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DEVIKULAM TALUK, IDUKKI DISTRICT.
5 THANKAMANI
AGED 67 YEARS W/O. GANAPATHI,MANTHRI VEEDU, KOVILORR,VATTAVADA VILLAGE, IDUKKI DISTRICT.
6 KUTTAYAMMA
AGED 62 YEARS W/O. KUMAR MANNADIYAR, SOOP VEEDU, KOTTAKAMBOOR KARA, KOTTAKAMBOOR VILLAGE,IDUKKI DISTRICT.
7 THANAKAMANI
AGED 52 YEARS W/O. LATE DURAIRAJ, KOTTAKAMBOOR KARA,KOTTAKAMBOOR VILLAGE, IDUKKI DISTRICT.
8 SHANMUGHAN AGED 60 YEARS S/O. PALANISWAMY,
RESIDING AT KADASSI VEEDU, KOTTAKAMBOOR KARA,KOTTAKAMBOOR VILLAGE, IDUKKI DISTRICT.
9 MURUKAN
AGED 57 YEARS S/O. PALANISWAMY, RESIDING AT KADASSI VEEDU, KOTTAKAMBOOR KARA,KOTTAKAMBOOR VILLAGE, IDUKKI DISTRICT.
10 KUPPUSWAMY
AGED 47 YEARS S/O. PALANISWAMY, RESIDING AT KADASSI VEEDU,KOTTAKAMBOOR KARA,KOTTAKAMBOOR VILLAGE, IDUKKI DISTRICT.
11 BHOOLOKAM
AGED 40 YEARS S/O. PALANISWAMY, RESIDING AT KADASSI VEEDU,KOTTAKAMBOOR KARA,KOTTAKAMBOOR VILLAGE,IDUKKI DISTRICT.
RSA NO. 1175 OF 2017
3
BY ADVS. SMT.J.HARIPRIYA SRI.K.B.PRADEEP
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 1175 OF 2017
4
JUDGMENT
Dated this the 6th day of December, 2023
This Regular Second Appeal has been filed under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure, challenging judgment and decree dated 28.06.2017 in A.S.No.21/2015 on the files of the Additional District Court-IV, Thodupuzha and also the judgment and decree dated 20.12.2014 in O.S.No.29/2004 on the files of the Munsiff Court, Devikulam.
The interim stay, if any, stands vacated and all interlocutory applications pending in this regular second
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appeal stand dismissed. The trial court is directed to execute the decree and judgments under challenge, without fail.
Registry shall forward a copy of this judgment to the trial court as well as the appellate court for information and
compliance.
Sd/A. BADHARUDEEN JUDGE
nkr
1 issue framed by the court
Whether to admit and decide the regular second appeal filed by the appellant.
1 provisions across 1 enactments
BHARATHAN
RAMASWAMY
REJENDERAN
KANNIYAMMA
PALANIYAMMA
THANKAMANI
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
