Smt. Kunjumol vs P.N.Sarasa
2021 Latest Caselaw 18330 Ker

RSA No.1289/2017                            1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                        THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
               Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
                                  RSA NO. 1289 OF 2017
                    OS 213/2012 OF II ADDITIONAL SUB COURT,ERNAKULAM
                 AS 26/2015 OF VII ADDITIONAL DISTRICT COURT, ERNAKULAM

   APPELLANTS/RESPONDENTS NO.1,2 AND 4/DEFENDANTS NO.1,2 AND 4:


      1. SMT. KUNJUMOL, AGED 56 YEARS, D/O.LATE MR. VALLON AND W/O. GOPI
         PANIKAYATH, RESIDING AT NAGAPADI COLONY, HOUSE NO. 7/252, KANAYANNUR
         DESOM, KANAYANNUR VILLAGE, KANAYANNUR TALUK, CHOTTANIKKARA P.O.,
         ERNAKULAM DISTRICT- 682312.
      2. MR. GOPI PANIKAYATH, AGED 57 YEARS, RESIDING AT NAGAPADI COLONY,
         HOUSE NO. 7/252, KANAYANNUR DESOM, KANAYANNUR VILLAGE, KANAYANNUR
         TALUK, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT- 682312.
      3. SMT. AMMINI PRAMESWARAN, AGED 60 YEARS, HOUSE NO. 7/252A, D/O. LATE
         MR. VALLON AND WIFE OF PRAMESWARAN, RESIDING AT NAGAPADI
         COLONY,KANAYANNUR DESOM, KANAYANNUR VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT- 682312.

        BY ADV SRI.PAUL K.VARGHESE

   RESPONDENTS/APPELLANT & 3RD RESPONDENT/PLAINTIFF/3RD DEFENDANT:

      1. P.N.SARASA, AGED 60 YEARS, D/O. MR. NARAYANAN,RESIDING AT PULLUTHARA
         HOUSE, THIRUVAMKULAM DESOM, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK,
         THIRUVAMKULAM P.O., -682307.
      2. SMT. VALSA SURESH, AGED 46 YEARS, D/O. LATE MR. VALLON AND WIFE OF
         MR. SURESH, FORMERLY RESIDED AT NAGAPADI COLONY, KANAYANNUR DESOM,
         KANAYANNUR VILLAGE, KANAYANNUR TALUK,NOW RESIDING AT LAKSHAM VEEDU
         COLONY, AMBALLUR, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT-682315.

        R1 BY ADVS.SRI.V.J.BINU JELSON,SRI.O.SAJEEVAN,




        This Regular Second Appeal again having come up for orders on
   07.09.2021 upon perusing this Court's order dated 22.01.2021, the Court on
   the same day passed the following:
                                      ORDER

Heard the learned counsel for the appellants and respondents.

This Regular Second Appeal is admitted on the following substantial questions of law.

1.Is it the claim of plaintiff in the suit is bad by the principle of resjudicata in view of the judgment and decree in AS.No.8/2001 of the RSA No.1289/2017 2/2

District Court,Ernakulam.?

2.Whether the judgment is bad for want of non-scheduling adjacent properties and impleading its owners in the party array in a suit for fixation of boundary in view of the dictum reported in 2015(2) KLT SN 20?

Call for the records.

Interim order dated 24.11.2020 stands extended by a period of two months.

Post the appeal for hearing on 11.11.2021.

Sd/- N.ANIL KUMAR JUDGE

07-09-2021 /True Copy/ Assistant Registrar