S.Sajitha vs Easwari
2024 Latest Caselaw 27329 Ker

Kerala High Court

S.Sajitha vs Easwari on 11 September, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

                                                             2024:KER:69462
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                   &

                THE HONOURABLE MR. JUSTICE JOHNSON JOHN

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                          RFA NO. 374 OF 2013

        AGAINST THE JUDGMENT DATED 11.02.2013 IN OS NO.247 OF 2008 OF

                        SUB COURT, MAVELIKKARA

                                 -----

APPELLANTS/DEFENDANTS 2 & 3:

    1       S.SAJITHA
            AGED 36 YEARS
            D/O.LATE RAMAN SADASIVAN,PLAKUTHARA
            VADAKKATHIL(EASWARAN KUTTIYIL),CHERAVALLY
            MURI,KAYAMKULAM VILLAGE,RESIDING AT ELAMPIDATH
            THEKKATHIL,PERINGALAMURI,KAYAMKULAM VILLAGE.

    2       AJITHA
            AGED 34 YEARS
            D/O.LATE RAMAN SADASIVAN,PLAKUTHARA
            VADAKKATHIL(EASWARAN KUTTIYIL),CHERAVALLY MURI,
            KAYAMKULAM VILLAGE,PRESENTLY WORKING AT KAIMOTIVILA
            COLONIYIL,WEST FORT,MAVELIKKARA.


            BY ADV PRAVEEN THOMAS ABRAHAM


RESPONDENTS/ADDITIONAL PLAINTIFFS 2 TO 4/1ST DEFENDANT:

    1       EASWARI, (DIED; L.R.s recorded)
            AGED 62 YEARS,
            D/O.DEVAKI,VINESH BHAVANAM,PERINGALA MURI,
            KAYAMKULAM VILLAGE-691006.
                                                                    2024:KER:69462


RFA NO.374 OF 2013                     -2-

*[IT IS RECORDED THAT, THE FIRST RESPONDENT IS NO MORE AND SECOND
AND THIRD RESPONDENTS ARE THE LEGAL REPRESENTATIVES OF THE
DECEASED FIRST RESPONDENT, VIDE ORDER DATED 05/09/2024 IN MEMO
DATED 16/08/2024 IN RFA 374/2013]

    2       VINEESH KUMAR,
            AGED 36 YEARS,
            S/O.DEVAKI,VINESH BHAVANAM,PERINGALA MURI,KAYAMKULAM
            VILLAGE-691006.

    3       VINEETHA VASU,
            AGED 22 YEARS,
            D/O DEVAKI,VINESH BHAVANAM,PERINGALA MURI,KAYAMKULAM
            VILLAGE-691006.

    4       G.SANTHA,
            AGED 59 YEARS,
            W/O LATE RAMAN SADASIVAN,PLAKUTHARA VADAKKATHIL
            (EASWARAN KUTTIYIL),CHERAVALLY MURI,KAYAMKULAM VILLAGE-
            691006.


            BY ADVS.
            SRI.A.R.DILEEP
            SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL
            SRI.MANU SEBASTIAN



     THIS   REGULAR   FIRST   APPEAL   HAVING   COME   UP   FOR   HEARING    ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:69462


                          SATHISH NINAN &
                        JOHNSON JOHN, JJ.
               = = = = = = = = = = = = = = = = = =
                      R.F.A. No.374 of 2013
               = = = = = = = = = = = = = = = = = =
            Dated this the 11th day of September, 2024

                          J U D G M E N T

Sathish Ninan, J.

The appeal was listed on 16.08.2024, and on that date,

it was reported that the first respondent is no more. The

matter was adjourned to 03.09.2024 for steps.

2. On 03.09.2024, there was no representation for the

appellant and the case was adjourned to 04.09.2024. Since

there was no representation for the appellant on that day,

the case was adjourned to 05.09.2024. On the said date also

there was no representation for the appellant and the appeal

was re-posted to 06.09.2024. Even on that date there was no

representation for the appellant and the appeal was again

adjourned to this date. Even today there is no

representation for the appellant. Appellant called absent.

Appeal is dismissed for non-prosecution.

Sd/-

SATHISH NINAN JUDGE Sd/-

JOHNSON JOHN JUDGE kns/-

//True Copy// P.S. To Judge