Sreekala vs Saraswathy
2023 Latest Caselaw 10595 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                         RSA NO. 68 OF 2023
FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.12/2020 OF THE
  COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM THE
JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013 OF THE
                   COURT OF MUNSIFF, KOTTARAKKARA


APPELLANTS/RESPONDENTS 2 TO 4/COUNTER CLAIM DEFENDANTS 2 TO 4/
PLAINTIFFS:

    1     SREEKALA
          AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU,
          KULAKKADA EAST MURI, KULAKKADA VILLAGE,
          KOTTARAKKARA TALUK
    2     PRASAD
          AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU,
          KULAKKADA EAST MURI, KULAKKADA VILLAGE,
          KOTTARAKKARA TALUK
    3     PRAKASH
          AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU,
          KULAKKADA EAST MURI, KULAKKADA VILLAGE,
          KOTTARAKKARA TALUK
          BY ADVS.
          V.JOHN MANI
          VARGHESE SABU
          SETHULAKSHMI K.K.
          JACKSON JOHNY


RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENT 5/COUNTER CLAIM
PLAINTIFFS/ DEFENDANTS 1,2 AND 4:

    1     SARASWATHY
          AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI, PARVATHY
          BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA,
          ERNAKULAM DISTRICT, PIN - 682306
    2     USHA
          AGED 44 YEARS, D/O. SARASWATHY,
          PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
          THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
 R.S.A. Nos. 68 & 69 of 2023
                                 2



     3      SREELEKSHMI
            AGED 32 YEARS, D/O. SARASWATHY,
            PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
            THRIPPUNITHURA, ERNAKULAM DISTRICT - 682306
            NOW RESIDING AT 5455 N SHERIDAM RD APT. 301,
            CHICAGO, IL - 60640, USA
            BY ADVS.
            SAJEEV T.K.
            SANDHRA.S(K/001610/2021)
            G.SHRIKUMAR (SR.)(S-580)


      THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH RSA.69/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 R.S.A. Nos. 68 & 69 of 2023
                                      3




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                              RSA NO. 69 OF 2023
 FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.13/2020 OF
  THE COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM
 THE JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013
                OF THE COURT OF MUNSIFF, KOTTARAKKARA


APPELLANTS/RESPONDENTS 2 TO 4/PLAINTIFFS 2 TO 4:

     1      SREEKALA
            AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU,
            KULAKKADA EAST MURI, KULAKKADA VILLAGE,
            KOTTARAKKARA TALUK
     2      PRASAD
            AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU,
            KULAKKADA EAST MURI, KULAKKADA VILLAGE,
            KOTTARAKKARA TALUK
     3      PRAKASH
            AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU,
            KULAKKADA EAST MURI, KULAKKADA VILLAGE,
            KOTTARAKKARA TALUK
            BY ADVS.
            V.JOHN MANI
            JACKSON JOHNY
            VARGHESE SABU
            SETHULAKSHMI K.K.


RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENTS 5 AND 6/
DEFENDANTS:

     1      SARASWATHY
            AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI,
            PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
            THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
 R.S.A. Nos. 68 & 69 of 2023
                                 4



     2      USHA
            AGED 44 YEARS, D/O. SARASWATHY,
            PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
            THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
     3      SREEJA
            AGED 41 YEARS, D/O. SARASWATHY,
            PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
            THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
            NOW RESIDING AT 5455 N SHERIDAM RD APT. 301,
            CHICAGO, IL - 60640, USA
     4      SREELEKSHMI
            AGED 32 YEARS, D/O. SARASWATHY,
            PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH,
            THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
            NOW RESIDING AT 5455 N SHERIDAM RD APT. 301,
            CHICAGO, IL - 60640, USA
            BY ADVS.
            SAJEEV T.K.
            SANDHRA.S(K/001610/2021)
            G.SHRIKUMAR (SR.)(S-580)



      THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH RSA.68/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 R.S.A. Nos. 68 & 69 of 2023
                                     5




                              JUDGMENT

Dated this the 16th day of October, 2023

These regular second appeals have been filed under

order XLII Rule 1 read with Section 100 of the Code of Civil

Procedure to set aside decree and common judgment in A.S.

Nos.12 and 13 of 2020 dated 28.09.2022 on the files of the

Court of the Subordinate Judge, Kottarakkara arose from the

decree and judgment in O.S. No.516 of 2013 dated

03.08.2020 on the files of the Court of Munsiff, Kottarakara.

2. No representation for the appellants as well as the

respondents.

Since the respective counsel for the appellants is

not intended to proceed with these second appeals, these

regular second appeals stand dismissed for non prosecution.

Sd/-

A. BADHARUDEEN SK JUDGE