IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 1st DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
RFA NO. 468 OF 2019 (G)
AGAINST THE FINAL DECREE DATED 23.03.2019 IN FDIA No.100/2016 IN OS
No.70/2013 OF SUB COURT, KASARAGOD
APPELLANTS/RESPONDENTS 2,4 & 5/DEFENDANTS 2,4 & 5:
1 SHANKARANARAYANA BHAT, AGED 64 YEARS,
S/o LATE K.V. PARAMESWARA BHAT,
RESIDING AT KADAPPU HOUSE, PERLA.P.O.,
ENMAKAJE VILLAGE, KASARGOD TALUK, PIN - 671 552
2 RAMACHANDRA BHAT, AGED 50 YEARS,
S/o LATE K.V. PARAMESWARA BHAT, KADAPPU HOSUE,
PERLA.P.O., ENMAKAJE VILLAGE,
KASARGOD TALUK, PIN - 671 552
3 ASHOK KUMAR, AGED 47 YEARS,
S/o LATE K.V. PARAMESWARA BHAT,
RESIDING AT KADAPPU HOSUE, PERLA.P.O.,
ENMAKAJE VILLAGE, KASARGOD TALUK, PIN - 671 552
BY ADVS. P.SHRIHARI
M.HARISHARMA
RESPONDENTS/PETITIONER & RESPONDENTS 1, 3, 6 TO 8 /PLAINTIFF &
DEFENDANTS 1, 3, 6 TO 8:
1 GOPALAKRISHNA PRASAD, AGED 52 YEARS,
S/o LATE K.V.PARAMESWARA BHAT,
RESIDING AT KULAKODLU HOUSE, PERADALA P.O.,
NEERCHAL VILLAGE, KASARGOD TALUK, PIN - 671 321
2 K.P.VENKATRAMANA BHAT, AGED 66 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, RESIDING AT BEEDIGUDDE
HOUSE, ENNEMAJALU, PANJA VILLAGE, PUTTUR TALUK,
D.K.DISTRICT, KARNATAKA STATE, PIN -574 201
(DELETED)
RFA No.468 of 2019 & CO No.10/2020 2
3 MANJUNATHA BHAT, AGED 58 YEARS,
S/o LATE K.V.PARAMESWARA BHAT,
RESIDING AT SARPANGALA HOUSE, UKKINADKA P.O.,
ENMAKAJE VILLAGE, KASARGOD TALUK,
PIN - 671 552 (DELETED)
4 PARVATHI, AGED 68 YEARS,
D/o LATE K.V.PARAMESWARA BHAT, W/o GOPALAKRISHNA BHAT,
RESIDING AT KOCHI HOUSE, KUBDAJE VILLAE,
YETHADKA P.O., KASARGOD, PIN - 671 551 (DELETED)
5 VIJAYALAXMI, AGED 61 YEARS,
D/o LATE K.V. PARAMESWARA BHAT, W/o SUBRAGHMANYA BHAT,
RESIDING AT ONKARAMOOLE, PUNACHA VILLAGE,
PUTTUR, PIN - 574 243 (DELETED)
6 PUSHPAKUMARI, AGED 51 YEARS,
D/o LATE K.V.PARAMESWARA BHAT, KADAPPU HOUSE,
PERLA.P.O., ENMAKAJE VILLAGE, KASARGOD TALUK,
PIN - 671 552 (DELETED)
(RESPONDENTS 2 TO 6 ARE DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 12/11/2019 IN I.A 3/19.)
BY ADVS. SRI.K.I.MAYANKUTTY MATHER
SMT.T.K.SREEKALA
KUM.NARAYANI HARIKRISHNAN
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
01.06.2022, ALONG WITH CO.10/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RFA No.468 of 2019 & CO No.10/2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 1st DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CO NO. 10 OF 2020 (G)
AGAINST RFA 468/2019 OF HIGH COURT OF KERALA
CROSS OBJECTOR/1st RESPONDENT IN RFA:
GOPALAKRISHNA PRASAD, AGED 52 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, KULAKODLU HOUSE,
PERADALA.P.O, NEERCHAL VILLAGE, KASARGODE-671321.
BY ADVS. K.I.MAYANKUTTY MATHER
SMT.T.K.SREEKALA
KUM.NARAYANI HARIKRISHNAN
RESPONDENTS/APPELLANTS AND RESPONDENTS 2 TO 6 IN RFA:
1 SANKARANARAYANA BHAT, AGED 64 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, KADAPPU HOUSE,
PERLA.P.O, ENMAKAJE VILLAGE, KASARGODE-671552.
2 RAMACHANDRA BHAT, AGED 50 YEARS,
S/o LATE.K.V.PARAMESWARA BHAT, KADAPPU HOUSE,
PERLA.P.O, ENMAKAJE VILLAGE, KASARGODE-671552.
3 ASHOK KUMAR, AGED 47 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, KADAPPU HOUSE,
PERLA.P.O, ENMAKAJE VILLAGE, KASARGODE-671552
4 K.P.VENKATRAMANA BHAT, AGED 66 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, BEEDIGUDDE HOUSE,
ENNEMAJALU, PANJA VILLAGE, PUTTUR.P.O,
D.K.DISTRICT, KARNATAKA STATE, PIN-574201.
5 MANJUNATHA BHAT, AGED 58 YEARS,
S/o LATE K.V.PARAMESWARA BHAT, SARPANGALA HOUSE,
UKKINADKA.P.O, ENMAKAJE VILLAGE, KASARGODE-671552.
RFA No.468 of 2019 & CO No.10/2020 4
6 PARVATHI, AGED 68 YEARS,
D/o LATE K.V.PARAMESWARA BHAT, W/o GOPALAKRISHNA BHAT,
KOCHI HOUSE, KUBDAJE VILLAGE,
YETHADKA.P.O, KASARGODE-671551.
7 VIJAYALAKSHMI, D/o LATE K.V.PARAMESWARA BHAT,
W/o SUBRAGHMANYA BHAT, ONKARAMOOLE,
PUNACHA VILLAGE, PUTTUR.P.O, PIN-574243.
8 PUSHPAKUMARI, AGED 51 YEARS,
D/o LATE K.V.PARAMESWARA BHAT, KADAPPU HOUSE,
PERLA.P.O, ENMAKAJE VILLAGE, KASARGODE-672552.
BY ADV P.SHRIHARI
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION
ON 01.06.2022, ALONG WITH RFA.468/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RFA No.468 of 2019 & CO No.10/2020 5
JUDGMENT
Against the final decree, both the plaintiff and defendants came up in appeal and in cross objection aggrieved by the various allotments made under the final decree. The grievance of the defendants is that the entire dry land/garden land was allotted to the share of plaintiff and what is allotted to the share of defendants is only a wet land (paddy field). The final decree was also brought under challenge by the plaintiff on the ground that no proper means of access was provided to the respective properties. Hence, the final decree is set aside. The matter is remanded back to the trial court for passing the final decree in terms of the preliminary decree. The parties shall appear before the trial court on 15.06.2022. The trial court shall expedite the disposal of the final decree application within a time schedule of five months RFA No.468 of 2019 & CO No.10/2020 6 from the date of appearance of the parties.
Appeal and the cross appeal will stand allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE DMR/-