Radha Bhai vs Rugmini Bhai
2023 Latest Caselaw 4513 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MRS. JUSTICE M.R.ANITHA

          WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

                              RSA NO. 572 OF 2012

     AGAINST THE ORDER/JUDGMENT IN AS 57/2009 OF ADDITIONAL DISTRICT COURT,

                                 NORTH PARAVUR

                       OS 47/2007 OF MUNSIFF COURT,ALUVA

APPELLANTS/APPELLANTS 1 & 2 /DEFENDANTS 1 & 2:
      1      RADHA BHAI
             AGED 60 YEARS
             D/O.RAMAN,MANJANTHURUTHIYIL HOUSE, MADAVANA, THOTTAKKATTUKARA,
             ALUVA WEST VILLAGE, ALUVA TALUK.
      2      GOPI, AGED 30 YEARS,
             S/O.RADHA BHAI, MANJANTHURUTHIYIL HOUSE, MADAVANA,
             THOTTAKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK.
             BY ADVS.
             K.J.MOHAMMED ANZAR
             M.I.JOHNSON(K/374/2011)
             MUHAMMED ASHIQUE(K/001818/2021)
             A.RADHAKRISHNAN NAIR(K/354/2006)

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

     1       RUGMINI BHAI, AGED 81 YEARS,
             D/O.RAMAN, MANJANTHURUTHIYIL HOUSE, MADAVANA, THOTTAKKATTUKARA,
             ALUVA WEST VILLAGE, ALUVA TALUK NOW RESIDING AT THOTTATHILPARAMBU,
             TEMPLE ROAD, THOTTAKKATTUKARA, ALUVA 8.
     *2      MURUKAN, (DELETED)
             AGED 29 YEARS, S/O.RADHA BAI, MANJANTHURUTHIYIL HOUSE, MADAVANA,
             THOTTAKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK-683 008.
             (R2 IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANTS AS
             PER ORDER DATED 07.02.2013 IN IA.444/2013)

             BY ADVS.
             SRI.K.S.RAJEEV (ALUVA)(CAVEATOR)
             A.VIJAYAKUMAR
             VARUN C.VIJAY
             SRI.ALEX ANTONY SEBASTIAN P.A.
             DIVYA CHANDRAN

      THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.S.A.No.572/2012                    2


                                  JUDGMENT

This appeal has been filed against the judgment and decree

in A.S.No.57/2009 on the file of Additional District Court,

N. Paravur, which arose out of the judgment and decree in

O.S.No.47/2007 on the file of Munsiff's Court, Aluva.

2. Adv. Sri. M.I. Johnson, learned counsel for the

appellants reported that the matter has become infructuous and

appeal may be dismissed as not pressed.

3. Submission is recorded and the appeal is dismissed as

not pressed.

All pending interlocutory applications are closed.

Sd/-

                                                        M.R.ANITHA
SHG                                                      JUDGE