RSA/900/2011 of SHARATH KUMAR Vs SHANTHA (DIED) (LHRS. IMPLEADED AS ADDL. R14 TO 16) on 8 October 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937

RSA.No. 900 of 2011 (F )

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AGAINST THE JUDGMENT AND DECREE IN AS NO.14/2008 of DISTRICT

COURT,KASARAGOD DATED 27.09.2010

AGAINST THE JUDGMENT AND DECREE IN OS NO. 48/2006 of SUB COURT, KASARAGOD

DATED 30.11.2007

APPELLANT(S)(SUPPLEMENTAL APPELLANTS 2 TO 6/LRS OF PLAINTIFF):

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1. SHARATH KUMAR, S/O.LATE KESHAVA S. AMIN - PLAINTIFF, R/AT D.NO.170, II nd STAGE

VIJAYANAGAR, RAILWAY LAYOUT, MYSORE - 570 016

KARNATAKA STATE.

2. SATHEESH KUMAR,S/O.-DO-, R/AT -DO-

3. SHUKESH KUMAR,S/O.-DO-, R/AT -DO-

4. SHAILESH KUMAR, S/O.-DO-, R/AT -DO-

5. SHUJATHA KUMARI, D/O.-DO-, R/AT -DO-

BY ADVS.SRI.T.SETHUMADHAVAN(SENIOR ADVOCATE)3

SRI.PUSHPARAJAN KODOTH

SRI.K.JAYESH MOHANKUMAR

RESPONDENT(S)(RESPODNENTS 1 TO 7/DEFENDANTS 1 TO 7):

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(**) 1. SHANTHA, W/O.SHEENA, “SWARNADEEPA”, NEAR SEETHARAMA BAJANA MANDIR

KUNJATHUR VILLAGE AND POST, KASARAGOD TALUK

(VIA) MANJESHWAR.( DIED. LHRS. IMPLEADED AS ADDL.R14 TO 16)

2. SHEKAR, S/O.LATE KRISHNAPPA,R/AT BEHIND GARAGE, UDYAVAR VILLAGE, KASARGOD TALUK

P.O MANJESHWAR, KASARGOD DISTRICT.

3. HARI, S/O.-DO-, R/AT -DO-

4. RAMDAS, S/O.-DO-, R/AT -DO-

RSA NO.900/2011

5. KASTURI, S/O.-DO-, R/AT -DO-

6. BHASKAR,S/O.-DO-, R/AT -DO-

(*) 7. KALAVATHI RAJ,W/O.RAGHAVENDRAJ,

R/AT BLOCK NO.38, II FLOOR

SHIVALAI MOTHILAL MANSION, BOMBAY CENTRAL, MUMBAI

MAHARASHTRA STATE. (DIED. LHRS. IMPLEADED AS ADDL.R8 TO 13)

(*)ADDL.RESPONDENTS 8 TO 13 (LRS OF 7TH RESPONDENT)

8.

BHARATHI RAJ ROY , S/O.DECEASED KALAVATHI RAJ, KALPATHARU ROYALS FLAT, NO.23, 2nd FLOOR, ROAD NO.29, SION EAST, MUMBAI-400 022.

9.

BHUSHAN RAJ, S/O.DECEASED KALAVATHI RAJ, VICEROY PART, TOWER 6A, THAKUR VILLAGE, KANDIVALI, MUMBAI-400 001.

10.

BIPIN RAJ, S/O.DECEASED KALAVATHI RAJ,

R/AT BLOCK NO.38, II FLOOR, SHIVALAL MOTHILAL MANSION, BOMBAY CENTRAL, MUMBAI, MAHARASHTRA STATE.

11.

BHANU RAJ, S/O.DECEASED KALAVATHI RAJ,

R/AT BLOCK NO.38, II FLOOR, SHIVALAL MOTHILAL MANSION, BOMBAY CENTRAL, MUMBAI, MAHARASHTRA STATE.

12.

BRAJESH RAJ, S/O.DECEASED KALAVATHI RAJ, R/AT BLOCK NO.38, II FLOOR, SHIVALAL MOTHILAL MANSION, BOMBAY CENTRAL, MUMBAI, MAHARASHTRA STATE

13.

BHAKTHI RAJ, S/O.KALAVATHI RAJ, RUSTUM OZONE, FLAT NO.901, GUREAGON WEST, BEHIND MTNL, GUREGON MULUND LINK, MUMBAI-62

(**)ADDL.RESPONDENTS 14 TO 16 (LRS OF 1ST RESPONDENT)

14.

SHEENA, HUSBAND OF DECEASED SHANTHA,

“SWARNADEEPA', NEAR SEETHARAMA BAJANA MANDIR, KUNJATHUR VILAGE AND POST, KASARAGOD TALUK, (VIA) MANJESHWAR.

15.

ASHWIN, S/O.DECEASED SHANTHA,

“SWARNADEEPA', NEAR SEETHARAMA BAJANA MANDIR, KUNJATHUR VILAGE AND POST, KASARAGOD TALUK, (VIA) MANJESHWAR.

16.

AVINASH, S/O.DECEASED SHANTHA,

“SWARNADEEPA', NEAR SEETHARAMA BAJANA MANDIR, KUNJATHUR VILAGE AND POST, KASARAGOD TALUK, (VIA) MANJESHWAR.

(*)ADDL.R8 TO 13 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED R7

AS PER ORDER DATED 12/9/13 IN IA 653/12

RSA NO.900/2011

(**)THE LEGAL HEIRS OF DECEASED RESPONDENT NO.1 ARE IMPLEADED AS

ADDITIONAL RESPONDENTS 14 TO 16 AS PER ORDER DATED 25/6/14 IN IA 3399/13.

R3,R5,R6 BY ADV. SRI.D.KRISHNA PRASAD

R3,R5,R6 BY ADV. SMT.O.K.SANTHA

R3,R5,R6 BY ADV. SMT.S.SANTHY

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON

28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

A.HARIPRASAD, J.

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R.S.A. No.900 of 2011

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Dated this the 28th day of July, 2015