Geethakumari vs Jayakumar
2023 Latest Caselaw 7885 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                 R.S.A.NO. 1090 OF 2004
 AGAINST THE JUDGMENT DATED 23.03.2004 IN A.S.NO.148 OF
          1997 OF THE SUB COURT, NAYYETTINKARA
(ARISING FROM THE JUDGMENT AND DECREE DATED 30.01.1997 IN
 O.S.NO.217 OF 1988 OF THE MUNSIFF COURT, NEYYATTINKARA)


APPELLANTS/APPELLANTS/DEFENDANTS 3, 5 & 6:

    1    GEETHAKUMARI
         D/O BHARATHI AMMA, GEETHA BHAVAN,
         PURATHIVILAKOM, MOOLAKKONAM, MARANALLOOR DESOM
         AND VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM
         DISTRICT.

    2    MADHAVAN PILLAI M.G.RADHY, AGED 17
         DO. DO. (MINOR).

    3    ARUN, S/O.MADHAVAN PILLAI
         AGED 15, DO. DO. (MINOR).

         MINOR APPELLANTS 2 AND 3 ARE REPRESENTED BY
         THEIR GUARDIAN 1ST APPELLANT MOTHER.

         BY ADVS.
         SRI.SUMAN CHAKRAVARTHY
         SRI.M.R.RAJESH


RESPONDENTS/RESPONDENTS/PLAINTIFFS & 1ST DEFENDANT:

    1    JAYAKUMAR
         S/O SUKUMARAN, GANAPATHI NAGAR, THEKKETHERUVU,
         CHETTIKULAM, JUNCTION, AGASTHESWARAM TALUK,
         KANYAKUMARI DIST.

    2    SREEKUMARI, D/O.INDIRA AMMA, DO. DO.
                                 2
R.S.A.No.1090 of 2004



     3       NARAYANAN THAMPI VISWAMBHARAN NAIR
             GEETHA BHAVAN, PURATHEVILAKOM, MOOLAKONAM,,
             MARANALLOOR DESOM AND VILLAGE, NEYYATTINKARA,
             THIRUVANANTHAPURAM DISTRICT.

             R1 & R2 BY ADV SRI.B.KRISHNA MANI


         THIS REGULAR SECOND APPEAL HAVING COME UP FOR FINAL
HEARING     ON   26.07.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                 3
R.S.A.No.1090 of 2004



                    P.G. AJITHKUMAR, J.
   -----------------------------------------------------------
                    R.S.A.No.1090 of 2004
   -----------------------------------------------------------
            Dated this the 26th day of July, 2023

                          JUDGMENT

The appellants are defendants 3, 5 and 6 in O.S.No.217

of 1988 before the Munsiff's Court, Neyyattinkara. Challenging

the judgment and decree of the learned Munsiff in the suit,

the appellants filed A.S.No.148 of 1997 before the Sub Court,

Neyyattinkara, which ended in dismissal. This appeal is filed

challenging the said judgment and decree.

2. The suit was one for partition and redemption. The

suit was decreed ordering partition allowing the plaintiffs to

get their share separated on payment of proportionate

redemption price.

3. The appeal was admitted and notice was ordered to

the respondents on 24.09.2004. An interim order of stay of

passing the final decree was also granted in I.A.No.1937 of

2004.

R.S.A.No.1090 of 2004

4. When this matter came up for hearing on

12.07.2023, the learned counsel appearing for the appellants

reported no instructions from the parties. Therefore, notice

was sent to the appellants intimating the date of posting of

the appeal and the requirement of engaging a counsel or to

appear in person. There is no appearance for the appellants

even thereafter.

In the circumstances, this appeal is dismissed for

default.

Sd/-

P.G. AJITHKUMAR, JUDGE dkr