Kerala High Court
Mannadi Mudipura Devi Kshethra Samithy vs Sakthibhadran Pandarathil on 25 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
CM.APPL.NO.1/2024 IN RSA NO. 7072 OF 2011(FILING NO.)
AGAINST COMMON JUDGMENT DATED 07/06/2011 IN A.S. No.35/2010 OF ADDITIONAL
DISTRICT COURT, PATHANAMTHITTA
AGAINST COMMON JUDMENT DATED 22/01/2010 IN O.S. No.43/2007 OF THE SUB COURT,
PATHANAMTHITTA
APPLICANTS/APPELLANTS/APPELLANTS/PLAINTIFFS:
1. MANNADI MUDIPURA DEVI KSHETHRA SAMITHY,REPRESENTED BY ITS
PRESDIDENT, K THULASIDHARAN, PRESIDENT, MANNADI MUDIPURA DEVI
KSHETHRA SAMITHY, P.205/2005, AGED 53 YEARS, S/O KUTTAPPAN,
VELASSERIL HOUSE, MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU MURI,
KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-
690520.
2. MANNADI MUDIPURA DEVI KSHETHRA SAMITHY, P.205/2005, REPRESENTED BY
ITS SECRETARY, G.MADHU, AGED 48 YEARS, S/O KUTTAPPAN, PANJAJANYAM
HOUSE, MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU MURI, KADAMPANADU
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN- 690520.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1. SAKTHIBHADRAN PANDARATHIL, AGED 76 YEARS, VAKKAVANCHIPUZHA MADOM,
MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU MURI, KADAMPANADU VILLAGE,
ADDOOR TALUK, MANNADI P.O., PATHANAMTHITTA, PIN- 600001.
2. LEKSHMIDASAN PANDARATHIL, AGED 66 YEARS, VAKKAVANCHIPUZHA MADOM,
MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU MURI, KADAMPANADU VILLAGE,
ADDOOR TALUK, MANNADI P.O., PATHANAMTHITTA, PIN- 600001.
3. PARAMESWARARAU PANDARATHIL, AGED 74 YEARS, VAKKAVANCHIPUZHA MADOM,
MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU MURI, KADAMPANADU VILLAGE,
ADDOOR TALUK, MANNADI P.O., PATHANAMTHITTA, PIN- 600001.
4. MANNADI SNDP SAKHA YOGAM NO. 169, REPRESENTED BY ITS PRESIDENT,
SREENIVASAN P, RADHA NIVAS, THUVAYOOR SOUTH, KADAMPANADU VILLAGE,
ADOOR TALUK, MANNADI P.O., PATHANAMTHITTA, PIN- 600001.
5. GANGADHARAN, LAKSHMI BHAVAN, MANNADIYIL KALAYIKKUPADINJARU KIZHAKKU
MURI, KADAMPANADU VILLAGE, ADOOR TALUK, MANNADI P.O.,
PATHANAMTHITTA, PIN- 600001.
6. ANIL KUMAR, EDASSARAZIKATHU VEEDU, KALAYIKKUPADINJARU KIZHAKKU MURI,
KADAMPANADU VILLAGE, ADOOR TALUK, MANNADI P.O., PATHANAMTHITTA, PIN-
600001.
7. SIVARAMA PILLAI, MUZANGODIYIL HOUSE, KALAYIKKUPADINJARU KIZHAKKU
MURI, KADAMPANADU VILLAGE, ADOOR TALUK, MANNADI P.O.,
PATHANAMTHITTA, PIN- 600001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 4016 days that has occured in re-presnting the second appeal.
This Application coming on for orders on 25.10.2024 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of K.SHAJ, Advocate for the applicants, the court
passed the following:
(p.t.o)
M.A.ABDUL HAKHIM, J.
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Unnumbered R.S.A of 2024 (Filing No.7072 of 2011
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Dated this the 25th day of October, 2024
ORDER
There are two subsisting defects which are noted by the
Registry. One is that a certified copy of the common judgment
dated 07.06.2011, which is impugned in this appeal, is not
produced. The learned counsel for the appellant answered them
that the certified copy is already produced in the connected appeal.
The learned counsel for the appellant submitted that the said
connected appeal is numbered as RSA No. 657 of 2011, which is
already admitted. In view of proviso to Order 41 Rule 1 the answer
is acceptable.
2. The further defect pointed out by the Registry is that, the
legal heirs of the 2nd plaintiff are not impleaded in this Regular
Second Appeal. The learned counsel for the appellant points out
that the second plaintiff Vasudevan Pandarathil was not made a
party in this Regular Second Appeal, since, he was not made a
party in A.S No. 35/2010. In view of the aforesaid reply given by the
counsel for the appellant, the said Defect can be cured if the
Unnumbered R.S.A of 2024 (Filing No.7072 of 2011 2
appellant files an impleading petition in the Appeal to implead the
legal heirs of the 2nd plaintiff. The appellant is directed to implead
the LRS of the 2nd plaintiff Vasudevan Pandarathil in this appeal.
This is an application to condone a delay of 4016 days in
representing the appeal after curing the defects. Since R.S.A No.
657/2011, arising from the very same common judgment is already
admitted. I condoned the delay of 4016 days in representing the
appeal. The Registry is directed to number the appeal.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
mus
25-10-2024 /True Copy/ Assistant Registrar
