Kerala High Court
Parayan (Died) vs Kolavan on 25 June, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
RSA.No. 528 of 2010
AGAINST THE JUDGMENT AND DECREE IN A.S NO.125 OF 1998 OF SUB COURT, OTTAPPALAM
DATED 25-06-2009.
AGAINST THE JUDGMENT AND DECREE IN O.S NO.158 OF 1995 OF MUNSIFF'S COURT,
OTTAPPALAM, DATED 29-08-1998.
APPELLANT/RESPONDENT/PLAINTIFF :
1 PARAYAN (DIED)
A2 IS THE LEGAL REPRESENTATIVE OF A1.
R12 AND R13 ARE THE LEGAL HEIRS OF A1.
2 ALIKKAL KUNDIL PARIYANI,
D/O.LATE PARAYAN, AGED 71 YEARS, W/O.KORAN,,
KANIYAMPALLIYALIL, THRIKKADEERI AMSOM AND DESOM,
OTTAPALAM TALUK. (LRS OF APPELLANT AND LRS OF R12)
BY ADV.SRI.R.SREEHARI.
RESPONDENT/APPELLANTS & RESPONDENT/DEFENDANTS & ADDL.PLAINTIFF :
1. KOLAVAN, AGED 85, S/O.PALAKKOTTUKALAM
CHALAYIL ALIKKAL KARIMBAN, RESIDING AT KOTHAKURUSSI
AMSOM, MUNDANATTUKARA DESOM,, OTTAPALAM TALUK.
2. UNNIKRISHNAN, AGED 35 YEARS,
S/O.KOLAVAN, RESIDING AT KOTHAKURUSSI AMSOM,,
MUNDANATTUKARA DESOM, OTTAPALAM TALUK.
3. NEELAKANDAN, (DIED)
R5 IS THE LEGAL REPRESENTATIVE OF R3.
R6 TO R11 ARE THE LEGAL HEIRS OF R3.
4. UNNIKRISHNAN, AGED 50 YEARS,
S/O.PALAKKOTTUKALAM SANKARAN, RESIDING AT,
KOTHAKURUSSI AMSOM, EDAKKODE PAVUKKONAM DESOM,
OTTAPALAM TALUK.
5. SUNILKUMAR, AGED 35 YEARS,
S/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANTAN, RESIDING
AT KOTHAKURUSSI AMSOM, PAVUKONAM DESOM,
OTTAPALAM TALUK. (LRS OF R3).
6. JANAKI, AGED 50 YEARS,
D/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANTAN,
RESIDING AT -DO- -DO- (LRS OF R3).
RSA.No. 528 of 2010 -2-
7. SAROJINI, AGED 46 YEARS,
D/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANDAN,
RESIDING AT -DO- -DO- (LRS OF R3).
8. KUMARAN, AGED 44 YEARS,
S/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANDAN,, RESIDING
AT -DO- -DO- (LRS OF R3).
9. KOMALAM, AGED 39 YEARS,
D/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANDAN, RESIDING
AT KOTHAKURUSSI AMSOM, PAVUKONAM, DESOM, OTTAPALAM TALUK.
10. BINDU, AGED 32 YEARS,
D/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANDAN,
RESIDING AT -DO- -DO-
11. KOCHI, AGED 67 YEARS,
W/O.LATE MARIKALATHIL CHOLAKKAL NEELAKANDAN,
RESIDING AT -DO- -DO-
12. KUNHADICHI (DIED)
13. CHELLI, AGED 54 YEARS,
S/O.KARIYATTIL KORAN, RESIDING AT, KOTHAKURUSSI AMSOM
AND MUNDANATTUKARA DESOM, IN OTTAPALAM TALUK (LRS OF R12).
R1, R2 & R4 BY ADV. SRI.V.C.MADHAVANKUTTY & SRI.SANTHEEP ANKARATH.
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.HARIPRASAD, J.
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R.S.A No.528 of 2010
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Dated this the 5 th day of April, 2018
JUDGMENT
Learned counsel for the appellants submitted that despite sending a registered notice, the parties have not turned up for curing the defects. Matter comes up in the defect list. Defects have not been cured so far. Hence, the regular second appeal is dismissed for non-prosecution.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
amk