Umayamma vs Poulose (Died)

RFA NO. 308 OF 2012
                                         1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                               RFA NO. 308 OF 2012
  AGAINST THE JUDGMENT AND DECREE DATED 19/11/2011 IN OS 545/2008 OF
                      PRINCIPAL SUB COURT,NORTH PARAVUR
APPELLANTS/PLAINTIFFS:

     1       UMAYAMMA, AGED 60 YEARS,
             W/O.PADMANABHAN,KOTTUNGAL HOUSE,CHERAI.P.O,
             ERNAKULAM DISTRICT.
     2       ALPHONSA N.GRATTIDA, AGED 60 YEARS
             PANAMTHANAM HOUSE,MANGATTU ROAD, EDAPPALLY P.O.
             BY ADV SRI.T.N.SURESH


RESPONDENTS/DEFENDATS:

     1       POULOSE (DIED), AGED 75 YEARS, S/O.MATHEW, MAZHUVANCHERY
             PARAMBATH HOUSE, AYYAMPILLY .P.O.,
             ERNAKULAM DISTRICT, PIN-682501. (DIED)
     2       THAMPI @ JOHN, AGED 73 YEARS,
             S/O.MATHEW,MAZHUVANCHERY PARAMBATH
             HOUSE,AYYAMPILLY.P.O,ERNAKULAM DISTRICT,PIN-682501.

             *ADDL.R3 TO R5 IMPLEADED
  ADDL.R3    ANNIE PAULOSE, AGED 68 YEARS,
             W/O.LATE PAULOSE, MAZHUVANCHERRY, PARAMBATH HOUSE,
             AYYAMPILLY PO., ERNAKULAM - 682 501.
  ADDL.R4    SEENA, D/O.LATE PAULOSE, MAZHUVANCHERRY, PARAMBATH HOUSE,
             AYYAMPILLY PO., ERNAKULAM - 682 501.
  ADDL.R5    MANOJ, S/O.LATE PAULOSE, MAZHUVANCHERRY, PARAMBATH HOUSE,
             AYYAMPILLY PO., ERNAKULAM - 682 501.

             LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE IMPLEADED THE
             PARTY ARRAY AS ADDL. R3 TO R5 VIDE ORDER DATED 3/11/2015 IN
             IA 2692/14.
             R1 & R2 BY ADVS.SRI.LIJU. M.P
                             SRI.SAJAN VARGHEESE K.
             R2,R3 & R4 BY ADVS.SRI.SUNIL KUMAR A.G


     THIS   REGULAR    FIRST    APPEAL   HAVING   COME   UP   FOR   HEARING   ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA NO. 308 OF 2012
                                2

                           JUDGMENT

The appeal is of the year 2012 and had come up for hearing on several postings. Today also the counsel for the appellants is not ready for argument. This would show what is behind it. Hence, the appeal is dismissed for non prosecution with cost through out.

Sd/-

P.SOMARAJAN JUDGE msp RFA NO. 308 OF 2012 3 APPENDIX OF RFA 308/2012 RESPONDENT EXHIBITS EXHIBIT B3 CERTIFIED COPY OF THE PARTITION DEED NO.

1345/81 KUZHUPPILLY SRO DATED 29.8.1981. EXHIBIT B4 CERTIFIED COPY OF THE SALE DEED NO. 463/1118. EXHIBIT B5 CERTIFIED COPY OF THE SALE DEED NO. 714/65 DATED 29.11.1965.

EXHIBIT B6 CERTIFIED COPY OF THE SALE DEED NO. 363/1123. EXHIBIT B7 CERTIFIED COPY OF THE PATTA NO. 448 DATED 31.10.1975 ISSUED BY LAND TRIBUNAL, VYPPIN. EXHIBIT B8 CERTIFIED COPY OF THE PATTA NO. 1491, DATED 19.11.1976 ISSUED BY LAND TRIBUNAL, VYPPIN.