Santha @ Santhamma vs S.Sajitha
2023 Latest Caselaw 7821 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                             FAO NO. 12 OF 2021

    IA NO.440/2014 IN OS 247/2008 OF SUB COURT, MAVELIKKARA, ALAPPUZHA

                                      ---

APPELLANT/PETITIONER/1ST DEFENDANT:

     SANTHA @ SANTHAMMA, AGED 58 YEARS, D/O JANAKI,EASWARAN KUTTIYIL
     VEEDU (PLAKKOTTU VADAKKATHIL), CHERAVALLY MURI, KAYAMKULAM VILLAGE,
     RESIDING AT KUTTIYIL PADEETTATHIL, ADINADU SOUTH MURI,KATTIKADAVU
     (PO), KARUNAGAPALLY,REPRESENTED BY POWER OF ATTORNEY HOLDER,
     RAJEEVAN, AGED 50 YEARS, S/O VASU, KUTTIYIL PADEETTATHIL, ADINAD
     SOUTH, KATTILKADAVU (PO), KARUNAGAPALLY TALUK, ALAPUZHA DISTRICT,
     KERALA STATE.

   BY ADVSM/S.M.V.THAMBAN,R.REJI,THARA THAMBAN,B.BIPIN & ARUN BOSE
RESPONDENTS/RESPONDENTS/DEFENDANTS 2 AND 3, ADDITIONAL PLAINTIFFS 2 O 4:

  1. S.SAJITHA, AGED 47 YEARS , D/O RAMAN SADASIVAN, EASWARAN KUTTIYIL
     VEEDU ( PLAKKOTTU VADAKKATHIL), CHERVALLY MURI, KAYAMKULAM VILLAGE,
     RESIDING AT ILLAMPIDATHU THEKKETHIL, CHERVALLY MURI, KAYAMKULAM
     VILLAGE, ALAPUZHA DISTRICT. PIN- 690 502.
  2. AJITHA EASWARAN KUTTIYIL VEEDU, EASWARAN KUTTIYIL VEEDU ( PLAKKOTTU
     VADAKKATHIL), CHERVALLY MURI, KAYAMKULAM VILLAGE, RESIDING AT
     KAIMUTTIVILA COLONY, WEST FORT, MAVELIKKARA 690 101.
  3. EASWARI, D/O DEVAKI, VINESH BHAVANAM VEEDU, PERINGALA MURI,
     KAYAMKULAM VILLAGE, ALAPUZHA DISTRICT. PIN- 690 559.
  4. VINESH KUMAR, S/O LATE VASU, VINESH BHAVANAM VEEDU, PERINGALA MURI,
     KAYAMKULAM VILLAGE, ALAPUZHA DISTRICT. PIN-690 559.
  5. VINEETH VASU, AGED 28 YEARS S/O LATE VASU, VINESH BHAVANAM VEEDU,
     PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPUZHA DISTRICT. PIN-690 559.

   BY ADVS.M/S.GEORGE VARGHESE(PERUMPALLIKUTTIYIL),MANU SRINATH & NIMESH
   THOMAS FOR R3 & 4




     This First appeal from orders having come up for orders on
26.07.2023, upon perusing the appeal memorandum, the court on the same day
passed the following:


                                                                     P.T.O.
                 ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
                 -----------------------------------------------------
                                F.A.O No.12 of 2021
                ------------------------------------------------------
                       Dated this the 26th day of July, 2023


                                         ORDER

Anil K. Narendran, J.

On 25.07.2023, when this appeal came up for consideration,

detailed arguments were heard and the judgment was dictated in

open court allowing the appeal. Immediately after dictation of

judgment, it was pointed out by the learned counsel for

respondents 3 and 4 that the pendency of R.F.A No.374 of 2013

against the judgment and decree dated 11.02.2013 in O.S.No.247

of 2008 on the file of the Sub-Court, Mavelikkara was omitted to

be brought to the notice of this Court. Therefore Registry was

directed to list this matter today as 'to be spoken to'.

Having heard the submissions made by the learned counsel

on both sides, we deem it appropriate to recall the judgment dated

25.07.2023.

Registry to list this appeal for hearing on 04.08.2023.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

26-07-2023 /True Copy/ Assistant Registrar