Dayanandan vs Sajeev
2024 Latest Caselaw 19027 Ker

Kerala High Court

Dayanandan vs Sajeev on 28 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                     RSA NO. 857 OF 2018


    AGAINST THE JUDGMENT AND DECREE DATED 17.07.2018 IN AS
NO.60 OF 2016 OF SUB COURT, CHAVAKKAD ARISING OUT OF THE
JUDGMENT AND DECREE DATED 23.03.2016 IN OS NO.614 OF 2011 OF
MUNSIFF COURT,CHAVAKKAD


APPELLANT/APPELLANT/PLAINTIFF:

         DAYANANDAN,
         AGED 69 YEARS,
         S/O THANISSERY VETTUVANTHARA KUTTAN,
         NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN-680566.

         BY ADV P.K. MANOMOHANAN


RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1    SAJEEV,
         AGED 44 YEARS,
         S/O THOTTUPURA VALIYAPURAKKAL VIJAYAN,
         NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN-680566

    2    GHOSH,
         AGED 51 YEARS,
         S/O THOTTUPURA VALIYAPURAKKAL VIJAYAN,
         NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN-680566

    3    RAJITH,
         AGED 39 YEARS
         S/O THOTTUPURA VALIYAPURAKKAL VIJAYAN,
         NATTIKA VILLAGE, CHAVAKKAD TALUK, PIN-680566.
 RSA.857/2018
                                    2

     4          GURUPRASAD,(DIED) LEGAL HEIRS IMPLEADED
                AGED 56 YEARS
                S/O ENGOOR VIJAYAN, EDATHIRUTHY VILLAGE,
                CHULOOR, KODUNGALLUR TALUK,PIN-680567.

  ADDL.5        V.K. SAVITHRY,
                AGED 87 YEARS, W/O. E.S. VIJAYAN,
                ENGOOR HOUSE, OPP. S.N.TRUST HIGH SCHOOL,
                NATTIKA P.O., THRISSUR DISTRICT-680566.

  ADDL.6        GEETHA N.S.,
                AGED 58 YEARS, W/O. GURUPRASAD,
                ENGOOR HOUSE, OPP. S.N.TRUST HIGH SCHOOL,
                NATTIKA P.O., THRISSUR DISTRICT-680566.

  ADDL.7        GULSAVIN,
                AGED 34 YEARS, S/O. GURUPRASAD,
                ENGOOR HOUSE, OPP. S.N.TRUST HIGH SCHOOL,
                NATTIKA P.O., THRISSUR DISTRICT-680566.

  ADDL.8        GIMMI,
                AGED 32 YEARS, D/O. GURUPRASAD, ENGOOR HOUSE,
                OPP. S.N.TRUST HIGH SCHOOL, NATTIKA P.O.,
                THRISSUR DISTRICT-680566.

                (LEGAL HEIRS OF DECEASED 4TH RESPONDENT ARE
                IMPLEADED AS ADDITIONAL RESPONDENTS 5 TO 8 AS
                PER ORDER DATED 26.03.2024 IN IA.NO.1/2024 IN
                RSA.NO.857/2018.)

               BY ADVS.
               K.SANEESH KUMAR - R1 & R2
               V.B.SANTHINI -R1 & R2
               P.RAMACHANDRAN- R4


         THIS    REGULAR   SECOND   APPEAL   HAVING    COME    UP    FOR
ADMISSION        ON   28.06.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 RSA.857/2018
                                  3




                            JUDGMENT

Dated this the 28th day of June, 2024

Today also appellant absent. No representation. This appeal

is dismissed for default.

Sd/-

C. PRATHEEP KUMAR, JUDGE sou.