Raghu vs Savithry,(Died) Lhr Recorded
2024 Latest Caselaw 31977 Ker

Kerala High Court

Raghu vs Savithry,(Died) Lhr Recorded on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                             RSA NO. 467 OF 2023
                  OS 1534/2013 OF MUNSIFF COURT,CHAVAKKAD
                     AS 22/2020 OF SUB COURT,CHAVAKKAD
APPELLANT/APPELLANT/PLAINTIFF:

     RAGHU, AGED 53 YEARS, SON OF CHANGARAMKUMARATH UNNI, MULLASSERY
     AMSOM DESOM, CHAVAKKAD TALUK, MULLASSERY (P.O.), THRISSUR DISTRICT ,
     PIN - 680509

    BY ADV.SRI. R.RAJESH KORMATH
RESPONDENTS/RESPONDENTS-DEFENDANTS:

  1. SAVITHRY, AGED 86 YEARS DAUGHTER OF KARUMATHIL POOKOTTIL KARAPPAN
     [WRONGLY SHOWN AS 'S/O.KARUMATHIL POOKOTTIL KARAPPAN' IN THE DECREE
     AND JUDGMENT OF THE FIRST APPELLATE COURT], BRAHMAKULAM AMSOM,
     CHITTATTUKARA DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT , PIN -
     680511,(DIED) LHR RECORDED
  2. V.B.BASANTH, AGED 52 YEARS, SON OF VADAKUNCHERY BALAKRISHNAN,
     BRAHMAKULAM AMSOM, CHITTATTUKARA DESOM, CHAVAKKAD TALUK, THRISSUR
     DISTRICT, PIN - 680511 (THE SECOND RESPONDENT IS RECORDED AS ONE OF
     THE LEGAL HEIRS OF DECEASED 1ST RESPONDENT AS PER ORDER DATED
     29.10.2024 VIDE MEMO DATED 05.08.2024)
  3. ADDL.SEEMA.V.B., AGE NOT KNOWN TO THE APPLICANT, DAUGHTER OF
     SAVITHRY, ALPS PLEASONTON, 4TH CROSS NEELADRI, ELECTRONICS CITY,
     PHASE-1, BANGALORE, ,PIN-560100. (ADDITIONAL 3RD RESPONDENT IS
     IMPLEADED AS PER ORDER DATED 29.10.2024 IN IA.NO.1/2024)

     This Regular second appeal having come up for orders on 07.11.2024,
the court on the same day passed the following:
                                 M.A.ABDUL HAKHIM, J.
                                 -----------------------------
                                 R.S.A. No. 467 of 2023
                        ----------------------------------------------
                       Dated this the 7th day of November, 2024

                                          ORDER

1. Though notice before admission was ordered to the respondents,

none appeared for the respondents. This Regular Second Appeal is

admitted on following the substantial question of law.

(i) Whether the Trial Court as well as the First Appellate Court

is justified to nonsuit the plaintiff, when it is found that, there

is unity of the tenanent of the plaint schedule properties and

the Advocate Commissioner has reported that there is no way

for plaint A schedule property

2. Issue notice to the respondents.

3. Post on 06.01.2025.

Sd/-

M.A.ABDUL HAKHIM JUDGE mus

07-11-2024 /True Copy/ Assistant Registrar