Sreelatha L. vs C.S.Bini
2021 Latest Caselaw 2080 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

               THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

   TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                            RSA.No.233 OF 2016

 DECREE AND JUDGMENT IN AS 102/2013 OF II ADDITIONAL DISTRICT
                        COURT, KOLLAM

DECREE AND JUDGMENT IN OS 110/2012 OF SUB COURT, KARUNAGAPPALLY


APPELLANT/S:

               SREELATHA L., AGED 37 YEARS, W/O.JAYAPRAKASH,
               RESIDING AT KARISSERIL VEEDU, PUTHUKKUTHADAM WARD,
               KARTHIKAPPALLY.P.O., HARIPAD, KARTHIKAPPALLY
               TALUK, FROM LAKSHMI NIVAS, VAYANAKATH KARANMA
               MURI, OCHIRA VILLAGE, KARUNAGAPPALLY TALUK.

               BY ADVS.
               SRI.K.K.JOHN
               SRI.ASHISH K. JOHN

RESPONDENT/S:

      1        C.S.BINI, AGED 35 YEARS, D/O.SARASWATHY,
               CHANAMANGALATHU VEEDU, KAYAMKULAM.P.O., KEERIKKAD,
               KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.

      2        APARNA, AGED 15 YEARS, MINOR, D/O.SREEKUMAR,
               CHANAMANGALATHU VEEDU, KAYAMKULAM.P.O., KEERIKKAD,
               KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.
               REPRESENTED BY MOTHER AND NATURAL GUARDIAN
               C.S.BINI, OF -DO- -DO-

               R1   BY   ADV.   SRI.A.JANI(KOLLAM)
               R1   BY   ADV.   SRI.A.JANIKOLLAM
               R1   BY   ADV.   SRI.P.MARTIN JOSE
               R1   BY   ADV.   SRI.P.PRIJITH
               R1   BY   ADV.   SRI.THOMAS P.KURUVILLA

     THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.233/2016

                                  ..2..




                                JUDGMENT

This Regular Second Appeal is filed against

the decree and judgment in AS no. 102 of 2013

of the II Additional District Court, Kollam,

confirming the judgment and decree in OS No.

110 of 2012 of the Sub Court, Karunagappally.

The above suit was filed for declaration that

Ext.A3 cancellation deed cancelling Ext.A2

settlement deed executed by the appellant's

father was valid and for partition of the

plaint schedule property and separate

possession of 2/3rd share. The trial court

found that the cancellation deed is void and

the decreed the suit in part and passed a

preliminary decree declaring that the

appellant is entitled to 1/6th share over the

plaint schedule property.

2. Challenging the judgment and decree, the RSA No.233/2016

..3..

appellant preferred AS No. 102 of 2013 before

the II Additional District Court, Kollam. By

judgment dated 31.10.2015, the learned

District Judge dismissed the appeal,

confirming the judgment and decree passed by

the trial court.

3. During the pendency of this appeal, the

respondents filed IA No. 650 of 2016 before

the Sub Court, Karunagappally for passing a

final decree. On the basis of the commission

report filed by the Advocate Commissioner

appointed in the final decree proceeding, a

final decree was passed by the trial court on

26.08.2017.

4. In view of the facts and circumstances stated

above, the learned counsel for the appellant

filed IA No. 1 of 2021 to allow the appellant

to withdraw the RSA. It is stated in the

affidavit filed in support of the application

that the final decree passed by the trial RSA No.233/2016

..4..

court is acceptable to the appellant and as

such, the appellant is not interested in

prosecuting the appeal.

In the result, IA No. 1 of 2021 stands allowed

and the RSA stands dismissed as withdrawn.

Sd/-

N.ANIL KUMAR

JUDGE Bka/19.01.2021