Kerala High Court
K. John @ Ashok vs John Joseph on 20 February, 2025
RSA Nos.451 and 452 of 2023
1
2025:KER:16653
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA,
1946
RSA NO. 452 OF 2023
IN AS NO.15 OF 2021 OF DISTRICT COURT,PATHANAMTHITTA
ARISING OUT OF THE JUDGMENT IN OS NO.34 OF 2016 OF SUB
COURT, PATHANAMTHITTA
APPELLANTS IN RSA- APPELLANTS IN A.S/PLAINTIFFS IN O.S:
1 K. JOHN @ ASHOK
AGED 72 YEARS
S/O LATE K.G. JOSEPH, MAMMUTTIL ESTATE,
OOTTUPARA, ARUVAPPULAM VILLAGE, KONNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689691
2 DR. USHA GICE GEORGE
AGED 78 YEARS
W/O GEORGE, VIJAYAPURAM ESTATE, PATTAZHI MURI,
EZHAMKULAM VILLAGE, ADDOR, PATHANAMTHITTA
DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER, K. JOHN @ ASHOK, APPELLANT NO.1., PIN -
691556
3 SUSAN ABRAHAM
AGED 70 YEARS
W/O ABRAHAM, KADAMPLAVIL VEEDU, THUMPAMON MURI,
ADDOR TALUK, PATHANAMTHITTA DISTRICT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER, K.
JOHN @ ASHOK, APPELLANT NO.1., PIN - 689502
BY ADV LATHEESH SEBASTIAN
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RESPONDENTS IN RSA- RESPONDENTS NO.2 TO 10 & 13 IN A.S/
DEFENDANTS NO.2 TO 10 & 13 IN O.S:
1 JOHN JOSEPH
AGED 75 YEARS
S/O GEORGE, VADAKKEDATHU HOUSE, KALLELI P.O.,
KONNI TALUK, PATHANAMTHITTA DISTRICT, NOW
RESIDING AT VADAKKEDATHU HOUSE, VADAVATHOOR
P.O., KALATHIPADI, NATTASERI MURI, VIJAYAPURAM
VILLAGE, KOTTAYAM DISTRICT, PIN - 689691
2 MARIAMMA GEORGE
AGED 82 YEARS
W/O JOSEPH GEORGE,VADAKKADATHU HOUSE, KALLELY
P.O, PATHANAMTHITTA, PIN - 689691
3 MEENU NINAN
AGED 39 YEARS
W/O. NINAN VADAKKADATHU HOUSE, KALLELY P.O,
PATHANAMTHITTA, PIN - 689691
4 SUNU JOJO
AGED 38 YEARS
W/O. JOJO VADAKKADATHU HOUSE, KALLELY P.O,
PATHANAMTHITTA, PIN - 689691
5 SANA GEORGE
AGED 40 YEARS
W/O. ADV. SANTHOSH MATHEW VADAKKADATHU HOUSE,
KALLELY P.O, PATHANAMTHITTA, PIN - 689691
6 K GEORGE
AGED 75 YEARS
S/O LATE KG.JOSEPH, MAMUTTIL ESTATE, OOTTUPARA
MURI, ARUVAPPULAM VILLAGE, KONNI TALUK,
PATHANAMTHITTA, PIN - 689691
7 BINDHU JOSEPH
AGED 39 YEARS
D/O JOSEPH GEORGE, VADAKKEDATHU HOUSE, KALLELI,
ARUVAPPULAM VILLAGE,KONNITALUK, PATHANAMTHITTA,
PIN - 689691
8 PAPPY PONNACHAN
AGED 67 YEARS
S/O LATE VARGHESE PAPPY, THOTTUMKARA MURIPPEL
HOUSE, KALLELI P.O., ARUVAPPULAM VILLAGE, KONNI
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TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691
9 PAPPY BABY (DIED)
AGED 75 YEARS
S/O LATE VARGHESE PAPPY, THOTTUMKARA MURIPPEL
HOUSE, KALLELI P.O., ARUVAPPULAM VILLAGE, KONNI
TALUK, PATHANAMTHITTA DISTRICT
(APPELLANTS ARE EXEMPTED FROM IMPLEADING LEGAL
REPRESENTATIVES OF DECEASED 9TH RESPONDENT AS
PER ORDER DATED 11.12.2024 IN IA.4/2024), PIN -
689691
10 MATHEW VARGHESE
AGED 44 YEARS
D/O. THOMAS, KADUVINAL HOUSE, KALLELY P.O.,
ARUVAPPULAM VILLAGE, KONNYTALUK, PATHANAMTHITTA
DISTRICT-, PIN - 689691
11 AJI BABY (SOUGHT TO BE IMPLEADED)
ANTO VILLA, NEAR DIVISIONAL FOREST OFFICE, KONNY
P.O,ARUVAPPULAM VILLAGE, PATHANAMTHITTA
DISTRICT, PIN - 689686
BY ADVS.
Santhosh Mathew
B.G.HARINDRANATH(K/378/1984)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
ABI BENNY AREECKAL(K/001482/2019)
MATHEW NEVIN THOMAS(K/000936/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 20.02.2025, ALONG WITH RSA.451/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.451 and 452 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA,
1946
RSA NO. 451 OF 2023
IN AS NO.16 OF 2021 OF DISTRICT
COURT,PATHANAMTHITTA ARISING OUT OF THE JUDGMENT DATED
30.03.2023 IN OS NO.93 OF 2013 OF SUB COURT,
PATHANAMTHITTA
APPELLANTS IN RSA - APPELLANTS IN A.S/PLAINTIFFS IN O.S:
1 K. JOHN @ ASHOK
AGED 72 YEARS
S/O LATE K.G. JOSEPH, MAMMUTTIL ESTATE,
OOTTUPARA, ARUVAPPULAM VILLAGE, KONNY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689691
2 DR. USHA GICE GEORGE
AGED 72 YEARS
W/O GEORGE, VIJAYAPURAM ESTATE, PATTAZHI MURI,
EZHAMKULAM VILLAGE, ADDOR, PATHANAMTHITTA
DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER, K. JOHN @ ASHOK, APPELLANT NO.1., PIN -
691556
3 SUSAN ABRAHAM
AGED 64 YEARS
W/O ABRAHAM, KADAMPLAVIL VEEDU, THUMPAMON MURI,
ADDOR TALUK, PATHANAMTHITTA DISTRICT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER, K.
JOHN @ ASHOK, APPELLANT NO.1., PIN - 689502
BY ADV LATHEESH SEBASTIAN
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RESPONDENTS IN RSA - RESPONDENTS NO.2 TO 6 AND 9 IN
A.S./ DEFENDANTS NO.2 TO 6 AND 9 IN O.S:
1 JOHN JOSEPH
AGED 74 YEARS
AGED ABOUT 74 YEARS, S/O GEORGE, VADAKKEDATHU
HOUSE, KALLELI P.O., KONNI TALUK, PATHANAMTHITTA
DISTRICT NOW RESIDING AT VADAKKEDATHU HOUSE,
VADAVATHOOR P.O., KALATHIPADI, NATTASERI MURI,
VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT,, PIN -
689691
2 MARIAMMA GEORGE
AGED 82 YEARS
W/O JOSEPH GEORGE,VADAKKADATHU HOUSE, KALLELY
P.O, ARUVAPULAM VILLAGE, KONNI TALUK,
PATHANAMTHITTA, PIN - 689691
3 MEENU JOSEPH
AGED 42 YEARS
W/O. NINAN VADAKKADATHU HOUSE, KALLELY P.O,
ARUVAPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA,
PIN - 689691
4 SUNU MATHEW
AGED 40 YEARS
W/O. JOJO VADAKKADATHU HOUSE, KALLELY P.O,
ARUVAPULAM VILLAGE, KONNI TALUK, PATHANAMTHITTA,
PIN - 689691
5 SANA MATHEW
AGED 37 YEARS
W/O. ADV. SANTHOSH MATHEW, VADAKKADATHU HOUSE,
KALLELY P.O, ARUVAPULAM VILLAGE, KONNI TALUK,
PATHANAMTHITTA, PIN - 689691
6 BINDHU JOSEPH
AGED 39 YEARS
D/O JOSEPH GEORGE, VADAKKEDATHU HOUSE, KALLELI,
ARUVAPPULAM VILLAGE, KONNITALUK, PATHANAMTHITTA,
PIN - 689691
BY ADVS.
SANTHOSH MATHEW (SR.)
B.G.HARINDRANATH(K/378/1984)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
RSA Nos.451 and 452 of 2023
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ABI BENNY AREECKAL(K/001482/2019)
MATHEW NEVIN THOMAS(K/000936/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 20.02.2025, ALONG WITH RSA.452/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.451 and 452 of 2023
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2025:KER:16653
M.A.ABDUL HAKHIM, J.
------------------------------
RSA Nos.451 and 452 of 2023
------------------------------
Dated this the 20th day of February, 2025
JUDGMENT
1. When these appeals are taken for admission
hearing today, there is no appearance for the appellants.
2. On 10.02.2025, when the appeals came up
for admission hearing, the learned counsel for the
appellants submitted that he had relinquished the
Vakalath for the appellants. On the request of the learned
counsel, the appeals were adjourned to 13.02.2025 in
order to enable the appellants to engage another counsel
and the learned counsel assured to communicate the
posting date to the appellants.
3. On 13.02.2025, there was no representation
for the appellants. On 13.02.2025, this Court passed the
following order.
"1. These Appeals are remaining not admitted. The
RSA Nos.451 and 452 of 2023
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respondents 2 to 5 have appeared through counsel
as they had filed caveat. Notice on admission was
ordered. Interim Order was also granted as per Order
dated 12.07.2023. On account of the continuous
refusal of the counsel for the appellants to argue the
appeal, this Court had dismissed these appeals for
non prosecution on 15.12.2023. Thereafter, the
appeals were readmitted on payment of cost as per
Order dated 27.06.2024. As requested by the
appellants, Trial Court records were called for, as per
Order dated 08.07.2024.
2. The learned Senior Counsel for the contesting
respondents have been pressing for admission
hearing on all postings, but the appeals have been
adjourned from time to time at the request of the
learned counsel for the appellants. Ultimately, the
cases were posted 'as last chance' on 10.02.2025 for
admission hearing. On that day, the counsel for the
appellants submitted that he has relinquished the
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Vakalath. Accordingly the appeals are adjourned to
today. The counsel assured that he will intimate the
appellants that the cases are posted today.
3. Today, when these Appeals are taken for
consideration, there is no appearance for the
appellants. Hence the Registry is directed to issue
notice to the appellants.
4. The learned Senior Counsel for the contesting
respondents pointed out that the respondents are
having urgency in the matter and the respondents
are ready to bear the expenses for serving notice by
Special Messenger to the appellants and the
Registry may be directed to appoint Special
Messenger to serve the notice.
5. Accordingly, the Registry is directed to issue
notice to the appellants in both these appeals
through a Special Messenger, at the expense of the
contesting respondents.
Post on 20.02.2025."
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4. Even though special messenger attempted to
serve notice to the appellants, he could not serve to the
appellants as the 1st and 2nd appellant was absent and the
3rd appellant is abroad.
5. Yesterday, a person claiming himself as the 1 st
appellant contacted the Private Secretary of the Judge and
asked to convey his request to the Judge to make an order
'Post when moved again' in these appeals when those are
considered today. Such a conduct of the party is quite
inappropriate and very much deprecated. It indicates that
the appellants have clear knowledge of the posting of the
appeals today and they have been deliberately abstaining
from this Court.
6. The learned senior counsel for the contesting
respondent pointed out that, earlier the appellant had
misused the interim order of this Court and caused the
Registry of this Court to make communication of another
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order instead of the order actually passed and when this
was brought to the notice of the court this Court passed
Order dated 08.09.2023 clarifying the correct order.
7. It appears that the appellants have been
adopting all dilatory tactics to delay the disposal of the
appeals. These appeals of the year 2023, have been
remaining not admitted. It was once dismissed for default
and restored on payment of cost. Since there is no
representation for the appellants in these appeals and in
spite of granting several opportunities, the appellants do
not intend to prosecute the matter by addressing
arguments on admission, this court has no option other
than dismissing the appeal again for non prosecution.
8. Accordingly, these Regular Appeals are again
dismissed for default.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Anu
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PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE DISCHARGE CERTIFICATE
ISSUED RAJAGIRI HOSPITAL, ALUVA DATED
25.9.23
Annexure 2 TRUE COPY OF THE ORDER DATED
07.11.2023,
Annexure 3 THE TRUE COPY OF THE PRESCRIPTION OF
DR. SUNIL MENON DATED 30.9.23
Annexure 4 TRUE COPY OF THE DISCHARGE SUMMARY
DATED 27.12.23
RESPONDENT ANNEXURES
Annexure R5(1) A true copy of the Counter affidavit
filed by the 1st applicant in R.P.
1198/2023 without exhibits.
Annexure R5(2) A true copy of the letter dated 10-10-
2023 to the Hon'ble Chief Justice of
this Hon'ble Court .
Annexure R5(3) A true copy of the Order of Status Quo
dated 12-07-2023 passed by this
Hon'ble Court in R.S.A 452/2023.
Annexure R5(4) A true copy of the alleged
'injunction' order dated 12-07-2023 in
purportedly issued on 18-08-2023 by
the Assistant Registrar of this
Hon'ble Court.
Annexure R5(5) A true copy of the clarification order
dated 08-09-2023 of this Hon'ble Court
in R.S.A. 452/2023.
Annexure R5(6) A true copy of the sale deed having
Document No. I/834/23 of Konni SRO
executed on 31-03-2023.
RSA Nos.451 and 452 of 2023
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PETITIONER ANNEXURES
Annexure I TRUE COPY OF PLAINT IN THE ORIGINAL
SUIT O.S.NO. 34/2016 OF HON'BLE SUB
COURT PATHANAMTHITTA DATED 29.05.2017
Annexure II TRUE COPY OF THE CLARIFICATION
CERTIFICATE NO. 933/08 DATED
07.06.2008 ISSUED FROM ARUVAPPULAM
VILLAGE
Annexure III TRUE COPY OF THE REPLY RECEIVED UNDER
THE RIGHT TO INFORMATION ACT DATED
18.02.2014 BEARING NO.4/14 FROM
ARUVAPPULAM VILLAGE
Annexure IV TRUE COPY OF THE LAND TAX RECEIPT FOR
THE YEAR 2020-2021 DATED 12.05.2020
Annexure V TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 21.05.2020
Annexure VI TRUE COPY OF THE LAND TAX RECEIPT
DATED 06.01.2022
Annexure VII TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 01.02.2022
Annexure VIII TRUE COPY OF THE LAND TAX RECEIPT
DATED 02.04.2022
Annexure IX TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 04.04.2022
Annexure X TRUE COPY OF ORDER OF SUB COURT,
PATHANAMTHITTA IN I.A. NO. 467/2017 IN
O.S. NO. 34/2016 DATED 18.09.2017
Annexure XI TRUE COPY OF THE ORDER OF THE DISTRICT
COURT PATHANAMTHITTA 11.04.2018 I.A.
NO. 647/2017 IN CMA NO 51 OF 2017
Annexure XII TRUE COPY OF THE COMMISSION REPORT
DATED 12.03.2015
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Annexure XIII TRUE COPY OF THE JOINT WRITTEN
STATEMENT OF DEFENDANTS 1 AND 2
Annexure XIV TRUE COPY OF THE DOCUMENT PRODUCED AS
EXHIBIT B9 IN I.A. NO. 385/2003, IN
O.S NO. 84/2003 OF MUNSIFF COURT
PATHANAMTHITTA
Annexure XV TRUE READABLE COPY OF SALE DEED
NO.1522 OF 2001 OF SRO KONNI DATED
20.06.2001
Annexure XVI TRUE COPY OF APPLICATION FOR MUTATION
IN FORM A
Annexure XVII TRUE COPY OF THANDAPER ACCOUNT OF 1ST
DEFENDANT OF HIS PROPERTY IN SY
NO.540/1/1-218
Annexure XVIII TRUE COPY OF THE REQUEST UNDER THE
RIGHT TO INFORMATION ACT DATED
26.03.2019
Annexure XIX TRUE COPY OF THE REPLY RECEIVED BY THE
PETITIONER UNDER THE RIGHT TO
INFORMATION ACT DATED 09.05.2019
Annexure XX TRUE READABLE COPY OF SALE DEED
NO.1908/1941 OF PATHANAMTHITTA SRO
Annexure XXI TRUE COPY OF THE REPLY RECEIVED BY THE
PETITIONER UNDER THE RTI ACT DATED
23.01.2015
Annexure XXII TRUE COPY OF THE INFORMATION SOUGHT
FOR UNDER THE RTI ACT DATED 16.04.2021
Annexure XXIII TRUE COPY OF THE REPLY RECEIVED BY THE
PETITIONER UNDER THE RTI ACT DATED
29.04.2021
Annexure XXIV TRUE COPY OF THE DETAILED PROJECT
SANCTION REPORT
Annexure XXV TRUE COPY OF THE THANDAPER ACCOUNT
NUMBER 1456 OF ARUVAPPULAM VILLAGE
RSA Nos.451 and 452 of 2023
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Annexure XXVI TRUE COPY OF THE POSSESSION AND
OWNERSHIP CERTIFICATE DATED 20.02.2023
Annexure XXVII TRUE COPY OF THE THANDAPER ACCOUNT
NUMBER 8786 DATED 02.08.2012
Annexure XXVIII TRUE COPY OF THE SURRENDER FORM DATED
16.11.1991
Annexure XXIX TRUE COPY OF THE INFORMATION PROVIDED
BY THE SECRETARY OF ARUAPULAM
PANCHAYATH DATED 14.02.2020
Annexure XXX TRUE COPY OF THE LETTER OF THE
SECRETARY OF ARUVAPPULAM GRAMA
PANCHAYAT DATED 10.03.2020
Annexure XXXI TRUE COPY OF THE ORDER OF THE APEX
COURT IN CRLMP NO. (S) 84/2007 DATED
15.01.2007
Annexure XXXII TRUE COPY OF THE UDAMBADI DATED
11.10.1951 BY WHICH THE FATHER OF THE
APPELLANT GOT OWNERSHIP OF THE PLAINT
SCHEDULED PROPERTY
Annexure XXXIII TRUE COPY OF THE COUNTER AFFIDAVIT OF
THE 5TH RESPONDENT IN O.P(C) NO
493/2017 DATED 27.03.2017
Annexure AXXXIV LEGIBLE COPY OF THE ABOVE SAID
UDAMPADI DEED 4925/1951 OF SRO
CHENGANNUR DATED 11-10-1951
Annexure AXXXV TRUE COPY OF THE ORDER OF MUNSIFF
COURT, PATHANAMTHITTA IN I.A
NO.385/2003 IN O.S NO.84/2003
Annexure AXXXVI TRUE COPY OF THE COUNTER AFFIDAVIT OF
THE RESPONDENTS/DEFENDANTS IN I.A
NO.385/2003 IN O.S NO.84/2003 OF
MUNSIFF COURT, PATHANAMTHITTA
Annexure AXXXVII TRUE COPY OF THE LIST OF DOCUMENTS
FILED BY THE DEFENDANTS 1 AND 2 IN O.S
NO. 84/2003 OF MUNSIFF COURT,
PATHANAMTHITTA
RSA Nos.451 and 452 of 2023
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Annexure AXXXVIII TRUE COPY OF THE PARTITION DEED
NO.2162 OF 1978 OF KONNI SRO
Annexure AXXXIX TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 20.02.2003 BEARING
Annexure AXL TRUE COPY OF THE THANADAPER ACCOUNT
NO.1938 OF ARUVAPULAM VILLAGE
Annexure AXLI TRUE COPY OF THE COMMISSION
APPLICATION IN I.A NO.386/2003 IN O.S
Annexure AXLII TRUE COPY OF THE COMMISSION REPORT
DATED 18.02.2003 IN O.S NO.84/2003 OF
MUNSIFF COURT, PATHANAMTHITTA
Annexure AXLIII TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 01.06.2010 IN CRP
Annexure AXLIV TRUE COPY OF THE READABLE COPY OF WILL
Annexure AXLV TRUE COPY OF THE SALE DEED
NO.3545/1971 OF KONNI SRO
Annexure AXLVI TRUE COPY OF WILL NO.4 DATED
20.07.1953 OF PATHANAMTHITTA SRO
Annexure AXLVI(a) TRUE COPY OF THE NOT PRESS MEMO FILED
BY THE RESPONDENTS 1,2 AND 7 HERE IN
ON 07.06.2018 IN CMA NO 51/2017 OF
DISTRICT COURT, PATHANAMTHITTA.
Annexure AXLVII TRUE COPY OF THE MEMO FILED BY THE
DEFENDANTS 4, 5, 6 AND 8
Annexure AXLVIII TRUE COPY OF THE QUESTIONNAIRE UNDER
THE RIGHT TO INFORMATION ACT DATED
13.02.2017
Annexure AXLIX THE REPLY RECEIVED BY THE APPELLANTS
TO ANNEXURE XLVIII QUESTIONNAIRE FROM
THE INFORMATION OFFICER OF ARUVAPULAM
RSA Nos.451 and 452 of 2023
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VILLAGE OFFICE ON 16.03.2017
Annexure AL TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN O.P (C) NO.493/2017 DATED
10.04.2017
Annexure ALI TRUE COPY OF THE BROCHURE ISSUED WITH
RESPECT TO 90TH ANNUAL FEAST CONDUCTED
AT MAMUTTIL ST. GEORGE ORTHODOX CHURCH
Annexure ALI(a) TRUE COPY OF THE WRITTEN STATEMENT OF
OF SUB COURT, PATHANAMTHITTA DATED
06.06.2018
Annexure ALII THE TRUE READABLE COPY OF THE
SETTLEMENT DEED NO.1613/1114 (1939)
Annexure ALIII TRUE COPY OF SETTLEMENT DEED
NO.1715/2018 OF SRO KONNY DATED 21-08-
Annexure ALIV TRUE COPY OF THE THANDAPER ACCOUNT NO
13405 DATED 04-10-2018 OF ARUVAPPULLAM
VILLAGE OFFICE
Annexure ALV TRUE COPY OF THE DEPOSITION OF PW6
Annexure ALVI TRUE COPY OF THE PLAINT IN OS NO.
93/2013 OF HON. SUB COURT
PATHANAMTHITTA
Annexure ALVII TRUE COPY OF THE COMMISSION
APPLICATION FILED IN I.A NO 549 OF
2003 IN OS NO.93/2013 OF SUB COURT,
PATHANAMTHITTA
Annexure ALVIII TRUE COPY OF THE C2 THE COMMISSION
REPORT ALONG WITH SKETCH AND MAHAZAR
Annexure ALIX TRUE COPY OF THE COMMISSION
APPLICATION FILED IN I.A NO 474 OF
2014 IN OS NO.93/2013 OF SUB COURT,
PATHANAMTHITTA
Annexure ALX TRUE COPY OF THE DEPOSITION OF PW4
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Annexure ALXI TRUE COPY OF THE DEPOSITION OF PW5
Annexure ALXII TRUE COPY OF THE ORDER IN IA
NO.580/2017 DATED 13-04-2018 IN O.S NO
93/2013 OF SUB COURT, PATHANAMTHITTA
Annexure ALXIII TRUE COPY OF THE LETTER DATED 7.5.2019
SUBMITTED TO THE DIVISIONAL FOREST
OFFICER, TIMBER SALES DIVISION RG
NAGAR, TRIVANDRUM
Annexure ALXIV TRUE COPY OF THE REPLY RECEIVED TO
ANNEXURE LXIII LETTER FROM DIVISIONAL
FOREST OFFICER, TIMBER SALES DIVISION
RG NAGAR, TRIVANDRUM
Annexure ALXV TRUE COPY OF THE LAND TAX RECEIPT OF
SMT. ACHAMMA JOSEPH IN TA NO. 1917 OF
KONNY VILLAGE DATED 18-10-1977
Annexure ALXVI TRUE COPY OF THE LAND TAX RECEIPT
DATED 17-10-1979 IN TA NO. 4794 OF
KONNY VILLAGE
Annexure ALXVII TRUE COPY OF THE LAND TAX RECEIPT
DATED 17-10-1979 IN TA NO. 4795 OF
KONNY VILLAGE
Annexure ALXVIII TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE APPELLANTS IN IA
NO.40/2020 IN OS NO.34/2016 OF SUB
COURT, PATHANMTHITTA
Annexure ALXIX TRUE COPY OF THE WITNESS LIST OF THE
DEFENDANTS IN O.S NO.34/2016 OF SUB
COURT, PATHANMTHITTA
Annexure ALXX TRUE COPY OF THE DEPOSITION OF DW6
Annexure ALXXI TRUE COPY OF THE DEPOSITION OF DW7
Annexure ALXXII TRUE COPY OF THE DEPOSITION OF DW1
Annexure ALXXIII TRUE COPY OF THE PERMISSION OF THE
RANGE OFFICER, KONNY DATED 28.06.2019.
Annexure ALXXIV TRUE COPY OF THE MEDICAL CERTIFICATE
RSA Nos.451 and 452 of 2023
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OF THE 1ST PETITIONER DATED 16.11.2006
ISSUED FROM SREE CHITRA TIRUNAL
INSTITUTE FOR MEDICAL SCIENCES &
TECHNOLOGY, TRIVANDRUM
Annexure ALXXV TRUE COPY OF THE TREATMENT CERTIFICATE
DATED 04-06-2018 ISSUED FROM SREE
CHITRA TIRUNAL INSTITUTE FOR MEDICAL
SCIENCES & TECHNOLOGY, TRIVANDRUM
Annexure ALXXVI TRUE COPY OF THE RECEIPT ISSUED FROM
KERALA STATE MEDIATION AND
CONCILIATION CENTRE OF THIS HON'BLE
COURT DATED 25.10.2019
Annexure ALXXVII TRUE COPY OF THE FIR IN CRIME NO
59/2003 OF KONNY POLICE STATION
Annexure ALXXVIII TRUE COPY OF THE FIR IN CRIME NO
58/2003 OF KONNY POLICE STATION
Annexure ALXXIX TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN CRP NO 960/2007 DATED
24.07.2009
Annexure ALXXX TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN CCC NO. 254/1997 AND
IN THE JUDGMENT DATED 23-10-1997
Annexure ALXXXI TRUE COPY OF THE ORDER OF THE SUB-
DIVISIONAL MAGISTRATE, ADOOR DATED
20.05.1998
Annexure ALXXXII TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN O.P NO 5169/1996
DATED 14-6-1996
Annexure ALXXXIII TRUE COPY OF THE FIR IN CRIME NO
2997/2017 OF PATHANAMTHITTA POLICE
STATION
Annexure ALXXXIV TRUE COPY OF THE ORDER OF THE STATE
POLICE CHIEF DATED 05.04.2016
Annexure ALXXXV TRUE COPY OF THE LIST OF DOCUMENTS
PRODUCED BY THE APPELLANTS BEFORE THE
TRIAL COURT AND BEFORE THE LOWER
RSA Nos.451 and 452 of 2023
2025:KER:16653
APPELLATE COURT DATED 11-01-2023
Annexure AALXXXVI TRUE COPY OF THE DISCHARGE CERTIFICATE
ISSUED RAJAGIRI HOSPITAL, ALUVA DATED
25.09.2023
Annexure ALXXXVII. TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 07.11.2023
Annexure ALXXXVIII TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 28-05-2014 SREE CHITHITA
THIRUNAL INSTITUTE FOR MEDICAL
SCIENCES AND TECHNOLOGY, TRIVANDRUM
Annexure ALXXXIX. TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED FROM SREE CHITHITA THIRUNAL
INSTITUTE FOR MEDICAL SCIENCES AND
TECHNOLOGY, TRIVANDRUM DATED 04-06-
Annexure ALXXXIX TRUE COPY OF THE PRESCRIPTION OF THE
(a). 1ST APPLICANT DATED 17-07-2021 BY DR.
SUNIL MENON
Annexure ALXXXX TRUE COPY OF THE BILL PAID FOR THE
MEDICINE PRESCRIBED ON 17-07-2021 FROM
DR.K.YOGIRAJ CENTRE OF DR. SUNIL MENON
Annexure ALXXXXI TRUE COPY OF THE PRESCRIPTION FROM DR.
SUNIL MENON
Annexure ALXXXXII. TRUE COPY OF THE BILL PAID FOR THE
MEDICINES PRESCRIBED ON 30-09-2023
Annexure ALXXXXIII TRUE COPY OF THE LETTER OF DR.
NANDAGOPAL, UROLOGICAL SURGEON,
WRITTEN TO THE CONSULTANT CARDIOLOGIST
DR. S.ANOOP KUMAR, D.M OF SUT
,HOSPITAL, THIRUVANANTHAPURAM DATED
23-12-2023 ID NO.26186
Annexure ALXXXXIV TRUE COPY OF THE BILL CUM RECEIPT
DATED 23-12-2023 FOR E.C.G CONDUCTED
AT SUT ,HOSPITAL, THIRUVANANTHAPURAM
Annexure ALXXXXV. TRUE COPY OF THE E.C.G. RECORDED DATED
23-12-2023 ID NO.26186
RSA Nos.451 and 452 of 2023
2025:KER:16653
Annexure ALXXXXVI TRUE COPY OF THE PRESCRIPTION DATED
23.12.2023
Annexure ALXXXXVII TRUE COPY OF THE BILL CUM RECEIPT OF
THE E.C.G. DATED 23-12-2023
Annexure TRUE COPY OF THE DEMOGRAPHICS,
ALXXXXVIII MEASUREMENT AND CALCULATION OF E.C.G.
TAKEN ON 23-12-2023 AT SUT, HOSPITAL,
THIRUVANANTHAPURAM
Annexure ALXXXXIX. TRUE COPY OF THE CARDIAC EVALUATION
LETTER STATING THE FITNESS FOR SURGERY
WRITTEN BY DR. ANUP KUMAR.D.M. DATED
23-12-2023 ID NO.26186 OF SUT,
HOSPITAL, THIRUVANANTHAPURAM
Annexure C TRUE COPY OF THE ADVANCE PAYMENT SLIP
FOR OPERATION AND SPECIAL PROCEDURES
I.P. NO.26186 OF SUT, HOSPITAL,
THIRUVANANTHAPURAM
Annexure CI TRUE COPY OF THE BILL DATED 27.12.2023
Annexure CII TRUE COPY OF THE FINAL BILL FOR THE
TREATMENT FROM 25-12-2023 TO 27-12-
Annexure CIII TRUE COPY OF THE DISCHARGE SUMMARY
WRITTEN BY DR. NANDAGOPAL SHOWING THE
DATE OF ADMISSION 25-12-2023 AND THE
DATE OF DISCHARGE 27-12-2023
Annexure CIV TRUE COPY OF THE CONSULTATION FEE PAID
AT MEDICAL TRUST HOSPITAL ON 02-01-
Annexure CV TRUE COPY THE PRESCRIPTION OF DR.
THOMAS PUDUKADAN DATED 02-01-2024
Annexure CVI TRUE COPY OF THE MEDICAL BILL PAID ON
02-01-2024 AT MEDICAL TRUST HOSPITAL
DATED 02.01.2024
Annexure CVII TRUE COPY OF THE LETTER FROM ICMR
DATED 29-04-2013 ISSUED TO DR. ANNIE
RSA Nos.451 and 452 of 2023
2025:KER:16653
JOHN
Annexure CVIII TRUE COPY OF THE COMMON JUDGEMENT OF
THIS HON'BLE COURT DATED 15-12-2023 IN
R.S.A. NO.451 OF 2023 AND R.S.A. NO.
452 OF 2023
RESPONDENT ANNEXURES
Annexure R5(2) A TRUE COPY OF THE LETTER DATED 10-10-
2023 TO THE HON'BLE CHIEF JUSTICE OF
THIS HON'BLE COURT.
Annexure R5(3) A TRUE COPY OF THE ORDER OF STATUS QUO
DATED 12-07-2023 PASSED BY THIS
HON'BLE COURT IN R.S.A 452/2023.
Annexure R5(1) A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST APPLICANT IN R.P.
1198/2023 WITHOUT EXHIBITS.
Annexure R5(4) A TRUE COPY OF THE ALLEGED
'INJUNCTION' ORDER DATED 12-07-2023 IN
PURPORTEDLY ISSUED ON 18-08-2023 BY
THE ASSISTANT REGISTRAR OF THIS
HON'BLE COURT.
Annexure R5(5) A TRUE COPY OF THE CLARIFICATION ORDER
DATED 08-09-2023 OF THIS HON'BLE COURT
IN R.S.A. 452/2023.
Annexure R5(6) A TRUE COPY OF THE SALE DEED HAVING
DOCUMENT NO. I/834/23 OF KONNI SRO
EXECUTED ON 31-03-2023.
