Dismissed
D.Jainy v. D.Thankamony
Kerala HCRSA/5/2018
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
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
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945
RSA NO. 5 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 04.10.2017 IN A.S.NO.386 OF
2016 OF THE ADDITIONAL DISTRICT JUDGE-III, THIRUVANANTHAPURAM AROSE
FROM THE JUDGMENT AND DECREE DATED 27.07.2016 IN O.S.NO.340 OF 2013
ON THE FILES OF THE III ADDITIONAL MUNSIFF’S COURT,
THIRUVANANTHAPURAM
APPELLANT/APPELLANT/DEFENDANT:
D.JAINY
W/O.LATE DASAN, AGED 71,
RESIDING AT PUTHUVAL PUTHEN VEEDU, HOUSE NO.11/155 (19/86)
SURYA NAGAR, VALLIKKANDAM, ULLIYAZHATHURA,
POWDIKONAM P.O., THIRUVANANTHAPURAM-695 587.
BY ADVS.
SRI.R.S.KALKURA
SRI.HARISH GOPINATH
SRI.M.S.KALESH
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 D.THANKAMONY
AGED 43, D/O.LATE DASAN, RESIDING AT PUTHUVAL PUTHEN
VEEDU, HOUSE NO.11/155 (19/86) SURYA NAGAR, VALLIKKANDAM,
ULLIYAZHATHURA, POWDIKONAM P.O.,PRESENTLY RESIDING AT
NJARAMBUVILA, VADAKKEKARA VEEDU, PAMAMCODE,ESTATE P.O.,
THIRUVANANTHAPURAM-695 571.
2D.MURUKAN
AGED 45, S/O.LATE DASAN,RESIDING AT PUTHUVAL PUTHEN VEEDU,
HOUSE NO.11/155 (19/86) SURYA NAGAR, VALLIKKANDAM,
ULLIYAZHATHURA, POWDIKONAM P.O., ,PRESENTLY RESIDING AT
NJARAMBUVILA, VADAKKEKARA VEEDU, PAMAMCODE,ESTATE P.O.,
THIRUVANANTHAPURAM-695 571.
BY ADVS.
(SRI.SAJU.S.A) - EXPIRED
M.DEVESH
MEENA.A.(K/001814/1995)
VINOD RAVINDRANATH(K/001479/1999)
K.C.KIRAN(K/621/2006)
M.R.MINI(K/000153/1996)
R.S.A. No. 5 of 2018
2
ANISH ANTONY ANATHAZHATH(K/000106/2019)
THAREEQ ANVER K.(K/000942/2018)
NIVEDHITHA PREM.V(K/001822/2023)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.S.A. No. 5 of 2018
3
JUDGMENT
Dated this the 4th day of December, 2023
This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure challenging the decree and judgment in A.S. No.386 of 2016 dated 04.10.2017 on the files of the Court of the Additional District Judge-III, Thiruvananthapuram arose from the decree and judgment in O.S. No.340 of 2013 dated 27.07.2016 on the files of the Court of the Additional Munsiff-III, Thiruvananthapuram.
emergent hearing of this matter.
Since the learned counsel for the appellant is not intended to proceed with the matter, this regular second appeal stands dismissed for non prosecution.
Sd/-
SK
A. BADHARUDEEN JUDGE
D.JAINY
D.THANKAMONY
D.MURUKAN
A. BADHARUDEEN
As recorded by the court registry
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