A.C.Saraswathi,(Died) (Legal ... vs Shyam
2023 Latest Caselaw 1824 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       RSA NO. 605 OF 2015
     AGAINST THE JUDGMENT AND DECREE DATED 14.01.2011 IN A.S.
          NO.28/2007 OF PRINCIPAL SUB COURT, THALASSERY
     AGAINST THE JUDGMENT AND DECREE DATED 30.11.2006 IN O.S.
              NO.374/2005 OF MUNSIFF'S COURT ,KANNUR


APPELLANTS/APPELLANTS/PLAINTIFFS:

    *1    A.C.SARASWATHI,(DIED)
          D/O.ANANDAN, AGED 65,
          RITHIN NIVAS, CHOVVA, KANNUR TALUK,
          KANNUR DISTRICT
    2     A.C. KIRAN PRABHAKRAN
          S/O.LATE PRABHAKARAN,
          'PRABHA', CHOVVA, KANNUR DISTRICT
    3     SUUPL.A3. LAKSHMANAN
          AGED 80,
          RITHIN NIVAS, CHOVVA
          KANNUR-6
    4     SUUPL.A3. RITHIN P.C.,
          S/O.LAKSHMANAN,
          AGED 39,
          RITHIN NIVAS,CHOVVA,KANNUR-6.

          (LEGAL HEIRS OF THE DECEASED FIRST APPELLANT ARE
          IMPLEADED AS SUPPLEMENTAL APPELLANTS 3 AND 4 AS PER
          ORDER DATED 31.08.2022 IN IA.1/2019 IN RSA 605/2015)
          BY ADVS.
          K.C.SANTHOSHKUMAR - ADDL.APPELLANTS 3,4, A1, A2
          K.K.CHANDRALEKHA - A1, A2


RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1     SHYAM, S/O.VISHALAKSHI,
          AGED 46,
          ATHIRA, CALICUT UNIVERSITY CO ORDINATOR,
          THARACHAPARAMBATH ROAD,
          NEAR LOKANATH SOCIETY DYE- HOUSE,
          CHOVVA, KANNUR DISTRICT
    *2    SUJITH, S/O.VISHALAKSHI, (DIED)
          AGED 41,
 RSA No.605 of 2015
                                   2


              ATHIRA, CALICUT UNIVERSITY CO ORDINATOR,
              THARACHAPARAMBATH ROAD,
              NEAR LOKANATH SOCIETY DYE- HOUSE,
              CHOVVA, KANNUR DISTRICT
      3       SUKESH, S/O.VISHALAKSHI,
              AGED 39
              ATHIRA, CALICUT UNIVERSITY CO ORDINATOR,
              THARACHAPARAMBATH ROAD,
              NEAR LOKANATH SOCIETY DYE- HOUSE,
              CHOVVA, KANNUR DISTRICT
      4       CHANDRAMATHI, W/O.ANANDAN,
              AGED 71
              RTD. TEACHER, GURUDEEPTHI,
              CHOVVA, KANNUR DISTRICT
      5       ARUL, S/O.CHANDRAMATHI,
              AGED 36
              GURUDEEPTHI, CHOVVA,
              KANNUR DISTRICT
      6       AMRITHA, D/O.CHANDRAMATHI,
              AGED 31
              GURUDEEPTHI, CHOVVA, KANNUR DISTRICT

              (RESPONDENTS 1 AND 3 ARE RECORDED AS THE LEGAL HEIRS
              OF THE DECEASED RESPONDENT 2, AS PER ORDER DATED
              31.08.2022 VIDE MEMO DATED 10.08.2021 IN RSA
              No.605/2015)
              BY ADV SRI.V.RAMKUMAR NAMBIAR - R1 TO R6


       THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.605 of 2015
                                        3




                                  JUDGMENT

Dated this the 01st day of February, 2023

This appeal has been filed against the judgment and

decree in A.S. No.28/2007 on the file of Principal Sub Court,

Thalassery which in turn arise out of judgment and decree in

O.S. No.374/2005 on the file of Munsiff's Court, Kannur.

2. When the case is taken up, the learned counsel for

the appellants submitted that memo has been filed to the

effect that appellants are not interested to prosecute the

appeal. Hence, they seek permission to withdraw the appeal.

Permission granted. Memo is recorded.

Accordingly, appeal dismissed as not pressed.

All pending I.As are closed.

Sd/-

M.R.ANITHA JUDGE

SMF

//TRUE COPY// PA TO JUDGE