The High Court of Kerala dismissed a regular second appeal as withdrawn after the counsel for the appellant obtained permission to withdraw on the submission regarding lack of amendment in the plaint.
Second appeal dismissed as withdrawn.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 A. BADHARUDEEN
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945
RSA NO. 320 OF 2023
AGAINST THE DECREE AND JUDGMENT DATED 08.11.2022 IN AS 138/2021 OF
ADDITIONAL DISTRICT COURT- VI, THIRUVANANTHAPURAM
AGAINST THE DECREE AND JUDGMENT DATED 24.08.2021 IN OS 58/2015 OF II
ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
APPELLANT/APPELLANT/PLAINTIFF: CHARULATHA S
AGED 70 YEARS, W/O LATE V.G RAJENDRAN NAIR, KATTIL KUNNATHU HOUSE, GRA 526, GOWREESAPATTOM, REPRESENTED BY MINI R.C, POWER OF ATTORNEY HOLDER, NOW RESIDING AT APRA 49, NIRALA, AMITA SANKAR ROAD, KANNAMOOLA, THIRUVANATHAPURAM, PIN - 695011
BY ADVS. SOJAN MICHEAL DELWIN B.P.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 JUVAN AUGUSTINE AGED 48 YEARS S/O AUGUSTINE, THETTAYIL JEWELLERY, LOURDE CENTRE, SUB JAIL ROAD, NEAR RAILWAY STATION, ALWAYE, PERIYAR NAGAR, KOCHI, PIN - 683101
2 BIJU THOMAS AGED 42 YEARS ACCOUNTANT, THETTAYIL JEWELLERY, LOURDE CENTRE, SUB JAIL ROAD, NEAR RAILWAY STATION, ALWAYE, PERIYAR NAGAR, KOCHI, PIN - 683101
THIS REGULAR SECOND APPEAL HAVING BEEN HEARD ON 28.10.2023, THE COURT ON 01.11.2023 DELIVERED THE FOLLOWING:
RSA No.320 OF 2023
2
JUDGMENT
Dated this the 1st day of November, 2023
The learned counsel for the appellant seeks permission to withdraw this appeal, on the fair submission that in the plaint, no amendment carried out. Submission recorded. Accordingly, this regular second appeal stands dismissed as withdrawn.
Sd/A. BADHARUDEEN JUDGE
nkr
CHARULATHA S
JUVAN AUGUSTINE
BIJU THOMAS
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
