Kerala High Court
C.S.Venketasubramanyam vs Sesil Joseph on 7 September, 2012
Author: A. V. Ramakrishna Pillai
Bench: Thottathil B.Radhakrishnan, A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
AS.No. 995 of 1998 (C)
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OS.215/1994 of I ADDL.SUB COURT,ERNAKULAM
APPELLANT/2ND DEFENDANT:
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1. C.S.VENKETASUBRAMANYAM,
PROPRIETOR, M/S. SURHY FILMS,
KALOOR ROAD, COCHIN - 18 (DIED)
ADDL.A2 TO A4 IMPLEADED:
ADDL.A2. WIDOW, VIJAYAN SUBRAMANYA, CHANI MADAM,
BEHIND GANAPATHI TEMPLE, CHAJJANJYKABGARAM
TRIPUNITHURA, ERNAKULAM DISTRICT.
CHILDREN
ADDL.A3. SUMATHY MEENAKSHI S., OF -DO- -DO-
ADDL.A4. SUDHA RUGMINI V. BY POWER-OF -ATTORNEY
HOLDER VIJAYAM SUBRAMNYAM OF -DO- -DO-
ADDL.APPELLANT 2 TO 4 IMPLEADED AS THE LR'S THE DECEASED APPELLANT VIDE
ORDER DTED 11/4/07 IN IA 1296/2007.
BY ADVS.SRI.T.P.KELU NAMBIAR (SR.)
SRI.P.G.RAJAGOPALAN
SRI.M.GOPIKRISHNAN NAMBIAR
RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 AND 3:
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1. SESIL JOSEPH, S/O. JOSEPH KONDODY,
KONDODYCAL HOUSE, MANGALAM DAM,
PALGHAT DISTRICT, PROPRIETOR, M/S. KONDODY'S
AND PANACHIKKEN'S FILMS, SHALIMAR CHAMBERS,
CONVENT ROAD,ERNAKULAM - 35.
AS.No. 995 of 1998 (C)
2. GOPALAKRISHNAN ALIAS RAJU PILAKAT,
S/O. PILAKAT GOPALAN, PROPRIETOR,
M/S. PUNYACHITRA, GOPAL NAGAR, MANNUR P.O.
KOZHIKODE. (DIED)
3. M.RENJIT,S/O.PUNNIKRISHNAN, ANJALI MATHOOR,
PATHANAMTHITTA, MANAGING PARTNER,
REJAPUTHRA RELEASE, C.P.UMMER ROAD, KOCHIN-35.
ADDL.R4 TO R6 IMPLEADED:
ADDL.R4. VIJAYALAKSHMI, PILAKKAT HOUSE,
GOPAL NAGAR, P.O. MANNUR,
KOZHIKODE DISTRICT.
ADDL.R5. PUNYAVATHI, OF -DO- -DO-
ADDL.R6. BALAGOPAL (MINOR, AGED 17) REPRESENTED
BY GUARDIAN AND MOTHER 1ST RESPONDENT
ADDL.R4 TO R6 ARE IMPLEADED AS THE LEGAL REPRESENTATION OF THE DECEASED
2ND RESPONDENT IN THE APPEAL VIDE ORDER DT. 29/7/2004 ON CMP NO.681/1999.
R1 BY ADV. SRI.M.P.RAMNATH
R3 BY ADV. SRI.NAIR AJAY KRISHNAN
BY ADV. SRI.BIJU JOSEPH
R4 TO R6 BY ADV. SRI.T.RAVIKUMAR
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07-09-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
THOTTATHIL B. RADHAKRISHNAN &
A. V. RAMAKRISHNA PILLAI, JJ.
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A.S. No.995 of 1998
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Dated this the 7th day of September, 2012
JUDGMENT
Thottathil B. Radhakrishnan, J.
Two suits O.S.No.89/1994 and 215/1994 were jointly tried and disposed of by the Sub Court, Ernakulam.
2. O.S.No.215/1994 filed by Sesil Joseph was decreed against Gopalakrishnan and the appellant Venketasubramanyam. With passage of time, the decree passed in O.S.No.215/1994 was subject of execution proceedings and the decree has been satisfied. There was no plea in the written statement of the first defendant in O.S.No.215/1994 claiming any contribution or indemnity from the second respondent. That decree was joint and several. Execution proceedings culminated through a further award by a Lok Adalath.
AS. No.995 of 1998. -:2:-
3. Under such circumstances, the first defendant in O.S.No.215/1994 namely Gopalakrishnan cannot have any subsisting grievance or claim by way of indemnity or contribution as against the appellant Venketasubramanyam. Recording this, we find that there is no further requirement to adjudicate any further issue in this appeal.
The appeal is ordered recording as aforesaid and treating as infructuous, calling for no further adjudication.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/-
A. V. RAMAKRISHNA PILLAI JUDGE //TRUE COPY// P.A TO JUDGE krj