Kerala High Court
Gopalakrishnan Nair (Died) vs Sri.Ram Mohan.G on 28 January, 2020
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
RSA.No.407 OF 2011
AGAINST THE JUDGMENT AND DECREE IN AS.NO.40/2000 OF SUB COURT,
CHERTHALA
AGAINST THE JUDGMENT AND DECREE IN OS.NO.115/1997 OF PRINCIPAL
MUNSIFF COURT, CHERTHALA
APPELLANT/1ST DEFENDANT:
1 GOPALAKRISHNAN NAIR (DIED)
S/O.SIVARAMA PANICKER, KATTIKATTU, KARTHIKA BHAVAN,
VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
2 ADDL. P2. PADMAVATHY AMMA,
W/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
3 ADDL. P3. P.G. RADHAKRISHNAN,
S/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
4 ADDL. P4. S. SULEKHA,
D/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
5 ADDL. P5. P.G. SURESH,
S/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
6 ADDL. P6. P.G. JAYAKUMAR,
S/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
7 ADDL.P7. P.G. SANTHOSH,
S/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE FROM
PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE, KOLLAM.
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RSA.No.407 OF 2011
8 ADDL. P8. S. MAYA,
D/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE
FROM PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE,
KOLLAM.
(ADDITIONAL PETITIONERS 2 TO 8 AND THE 9TH
RESPONDENT IN CMA NO.339/2011 ADDED AS PER ORDER
DATED 14/10/2011 IN IA 2464/2011)
BY ADVS.
SRI.G.P.SHINOD
SRI.MANU V.
SRI.RAM MOHAN.G.
RESPONDENTS/ RESPONDENTS/ PLAINTIFF, ADDITIONAL DEFENDANTS 4 TO
7 AND LEGAL HEIRS OF DECEASED 2ND DEFENDANT:
1 SREEDHARAN PILLAI
S/O.SIVARAMA PANICKER, KATTIKATTU, PRAKKULAMCHERI,
THRIKKADAVOOR VILLAGE, KOLLAM PRESENTLY RESIDING AT
RAJASREE, VADAKKUM, MURI, CHERTHALA VADAKKU
VILLAGE. PIN 688524
2 PADMAVATHY AMMA, D/O.KARTHYAYANI AMMA
MANGATTU PULIKKEEZHU, VALANJAVATTOM,, THIRUVALLA.
PATHANAMTHITTA. PIN 689645
3 MEENAKSHI AMMA
D/O.KARTYAYANI AMMA, MEENA BHAVAN, ALUNKAL,
VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE AND NOW
RESIDING AT TC NO.9/875 (2), KAVUVILA,
VELLAYAMBALAM LANE, SASTHAMANGALAM,
THIRUVANANTHAPURAM. 695010
4 SARASWATHI AMMA,
D/O. KARTHYAYANI AMMA, CHANGARATHU LAKSHMY VILASOM,
EZHUPUNNA MURI, KODAMTHURUTHU VILLAGE, NOW RESIDING
AT PRASANTH, KOOTAMVILA ROAD, NEAR P.T.P. NAGAR,
THIRUVANANTHAPURAM-695003.
5 SARADA DEVI DO.KARTHYAYANI AMMA
NANDANAM, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE.
688524
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RSA.No.407 OF 2011
6 CHITHRA, D/O.LATE RAMACHANDRAN NAIR
KATTIKATTU NARAYANIYAM, KANNUKULANGARA,
THRIPPUNITHURA. 682301
7 KARTHIKA, DO.LATE RAMACHANDRAN NAIR
DO. DO.
8 ANANDA, D/O.LATE RAMACHANDRAN NAIR
DO. DO. (THE RESPONDENTS 2 TO 5 WERE IMPLEADED AS
ADDL. DEFENDANTS 4 TO 7 IN THE SUIT AS LEGAL HEIRS
OF THE DECEASED ORIGINAL 3RD DEFENDANT THE
RESPONDENT 6 TO 8 WERE MADE PARTIES TO THE APPEAL
SUIT BEFORE THE LOWER APPELLATE COURT AS LEGAL
REPRESENTATIVES OF THE DECEASED ORIGINAL SECOND
DEFENDANT)
9 ADDL. R9. MALLIKA P.,
D/O. GOPALAKRISHNAN NAIR, KATTIKATTU, KARTHIKA
BHAVAN, VADAKKUM MURI, CHERTHALA VADAKKU VILLAGE
FROM PRAKKULAM CHERI, THRIKKADAVOOR VILLAGE,
KOLLAM.
(ADDITIONAL PETITIONERS 2 TO 8 AND THE 9TH
RESPONDENT IN CMA NO.339/2011 ADDED AS PER ORDER
DATED 14/10/2011 IN IA 2464/2011)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON
28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RSA.No.407 OF 2011
JUDGMENT
The learned counsel for the appellant submits that the disputes have been settled between the parties and that the appelant does not intend to prosecute the appeal further.
The Regular Second Appeal is dismissed as withdrawn.
Sd/-
SATHISH NINAN JUDGE rsr