Murukesan vs Guruvayoorappan
2024 Latest Caselaw 5951 Ker

Kerala High Court

Murukesan vs Guruvayoorappan on 23 February, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                            RSA NO. 728 OF 2015
 AGAINST THE DECREE AND JUDGMENT DATED 21.08.2008 IN A.S.NO.246/2003
 ON THE FILES OF THE DISTRICT COURT, PALAKKAD AROSE FROM THE DECREE
AND JUDGMENT DATED 28.02.2003 IN O.S.NO.136/1997 ON THE FILES OF THE
                      ADDITIONAL SUB COURT, PALAKKAD


APPELLANT/2ND RESPONDENT IN A.S/2ND PLAINTIFF IN O.S:

              MURUKESAN
              AGED 67 YEARS, S/O.PARVATHY AMMAL, KANAYARKODE,
              THIRUVILWAMALA, THALAPPILLI TALUK, THRISSUR.
              RESIDING AT DOOR NO.191 A, PERUMAL KOVIL VEEDHI,
              SIRUPPULUVAPATTY-15, VELAMPALAYAM, THIRUPUR,
              TAMIL NADU-641652.
              BY ADVS.
              MANU VYASAN PETER
              P.B.KRISHNAN(K/1193/1994)
              P.B.SUBRAMANYAN(K/1145/2009)
              SABU GEORGE(K/000711/1998)
              B.ANUSREE(K/000951/2016)
              CHITHIRA VENUGOPAL(K/307/2021)


RESPONDENTS/APPELLANT/RESPONDENT 1,3 TO 6 IN A.S/1ST DEFENDANT &
PLAINTIFFS 1 & 3 TO 6 IN O.S:

     1        GURUVAYOORAPPAN
              AGED 72 YEARS
              S/O.LATE NAMASIVAYAM KURUKKAL,
              RESIDING AT KOLLENGODE AMSOM, CHITTUR TALUK-678506.
     2        PARVATHY AMMAL DIED
     3        KAMALAMBAL @ KANNAMMAL
              AGED 62 YEARS
              D/O.PARVATHY AMMAL, RESIDING AT KANAYARKODE,
              THIRUVILWAMALA, THALAPPIL TALUK, THRISSUR 680001.
     4        GURUVAYOORAPPAN
              AGED 58 YEARS
              S/O.PARVATHY AMMAL, RESIDING AT KANAYARKODE,
              THIRUVILWAMALA, THALAPPILI TALUK, THRISSUR 680001.
 R.S.A. No. 728 of 2015
                                  2

     5      SEETHALAKSHMI
            AGED 55 YEARS
            D/O.PARVATHY AMMAL,
            RESIDING AT KANAYARKODE,THIRUVILWAMALA,
            THALAPPILI TALUK, THRISSUR 680001.
     6      SATHYABHAMA
            AGED 50 YEARS
            D/O.PARVATHY AMMAL, RESIDING AT KANAYARKODE,
            THIRUVILWAMALA, THALAPPILI TALUK, THRISSUR 680001.
            R5 BY ADV DEEPA NOBLE



      THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.S.A. No. 728 of 2015
                                    3


                            JUDGMENT

Dated this the 23rd day of February, 2024

This regular second appeal has been filed

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

of Civil Procedure challenging the decree and judgment in

A.S. No.246 of 2003 dated 21.08.2008 on the files of the

District Court, Palakkad arose from the decree and

judgment in O.S. No.136 of 1997 dated 28.02.2003 on

the files of the Court of the Subordinate Judge, Palakkad.

2. The learned counsel for the appellant

submitted that the regular second appeal is not pressed

and memo to that effect has been filed.

Recording the submission, this regular second

appeal stands dismissed as not pressed.

Sd/-

A. BADHARUDEEN SK JUDGE