Kerala High Court
RSA/1144/2011 of VAKKATT UDARAPPAN MOORTHI TEMPLE Vs MADHAVAN NAMBOODIRI on 1 July 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941 RSA.No.1144 OF 2011 AGAINST THE JUDGMENT AND DECREE DATED 01-03-2011 IN AS 96/2001 OF ADDITIONAL DISTRICT COURT (ADHOC-II), MANJERI AGAINST THE JUDGMENT AND
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941
RSA.No.1144 OF 2011
AGAINST THE JUDGMENT AND DECREE DATED 01-03-2011 IN AS 96/2001 OF
ADDITIONAL DISTRICT COURT (ADHOC-II), MANJERI
AGAINST THE JUDGMENT AND DECREE DATED 14-08-2001 IN OS 38/1997 OF
MUNSIFF-MAGISTRATE COURT, PONNANI
APPELLANTS/RESPONDENTS NO.2 TO 4 & 6 TO 9 & 11 TO 13/
DEFENDANTS 2 TO 4, 6 TO 9, 11 & 12:
*1
*
VAKKATT UDARAPPAN MOORTHI TEMPLE COMMITTEE, PRESIDENT, KORAN, 44 YEARS, S/O.THIYYATHUMKUNNATH UDARAPPAN, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
NAME OF PRESIDENT SUBSTITUTED
VAKKATT UDARAPPAN MOORTHI TEMPLE COMMITTEE, PRESIDENT, SUBRAMANIAN, S/O KUNHAN, AGED 49, RESIDING
AT THIYATHKUNNATH, PALLIKKARA, NANNAMUKKU P.O, MALAPPURAM DISTRICT.
THE NAME OF THE PRESIDENT OF THE APPELLANT TEMPLE
COMMITTEE IS SUBSTITUTED WITH THE NAME OF PRESENT
PRESIDENT AS PER THE ORDER DTD.01/08/2019 IN
I.A.3/2019
PARAMESWARAN, 29 YEARS,
S/O.CHOZHIYATH AYYAPPAN,
RESIDING AT CHOZHIYATH HOUSE,
PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
KUMARAN, 34 YEARS S/O.AMBALAM PARAMBIL NANU, RESIDING AT AMBALAM PARAMBIL HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
UDARAPPAN, 64 YEARS,
S/O.VAKKATT PADI UDARAPPAN,
RESIDING AT VAKKATT PADI HOUSE, PALLIKKARA AMSOM
DESOM, PONNANI TALUK-670 008.
AYYAPPAN, 66 YEARS
S/O.KAITHAKUZHIYIL KUPPA, RESIDING AT KAITHAKUZHIYIL
HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
CHOZHI, 69 YEARS, S/O.ANTHOORA VALAPPIL, AYYAPPAN, RESIDING AT ANTHOORA VALAPPIL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
KUMARAN, 39 YEARS, S/O.KANDAPULLI VELAYI, RESIDING AT KANDAPULLI VELAYI HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
VAKKATT UDHARAPPAN MOORTHY TEMPLE,
COMMITTEE TREASURER, VAKKATT PARAMBIL PANANGADAN, S/O.CHATHA, RESIDING AT VAKKATT PARAMBIL,
VAKKATT UDHARAPPAN, MOORTHY TEMPLE
COMMITTEE VICE-PRESIDENT, MOOCHIKOTTATHIL MOHANAN, S/O.UDHARAPPAN, RESIDING AT MOOCHIKOTTATHIL,
VAKKATT UDHARAPPAN, MOORTHY TEMPLE
COMMITTEE SECRETARY, M.V.MOHANAN,, S/O.UDHARAPPAN, RESIDING AT MOOCHIKOTTATHIL, PALLIKKARA AMSOM
DESOM, PONNANI TALUK.
BY ADVS.
SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
RESPONDENTS/APPELLANTS 1 TO 4 AND RESPONDENTS 1,5 &
10/PLAINTIFFS 1 TO 4 AND DEFENDANTS 1,5 AND 10:
MADHAVAN NAMBOODIRI
52 YEARS, S/O.VAKKATT MANAKKAL, ASHTAMOORTHI
NAMBOODIRI,, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008.
VAKKATT MANAKKAL MADHAVAN NAMBOODIRI'S
CHILDREN, ASHTAMOORTHI, 27 YEARS, RESIDING AT
VAKKATT MANAKKAL HOUSE, PALLIKKARA, AMSOM DESOM, PONNANI TALUK.
SREEDEVI, 24 YEARSM DO.MADHAVAN
NAMBOOTHIRI, RESIDING AT VAKKATT MANAKKAL HOUSE,,
VAKKATT MANAKKAL MADHAVAN NAMBOODIRI'S WIFE
WIFE, PARVATHI ANTHARJANAM, 48 YEARS, RESIDING AT
VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK.
RSA.No.1144 OF 2011 3
*5
HARIDASSAN NAIR,
54 YEARS,S/O.KUNDULLI KUNHUKUTTY @ THANKAMMU AMMA, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA
AMSOM DESOM, PONNANI TALUK. (DELETED) (REINSTATED)
*6
RAJAN, 31 YEARS, S/O.AMBALAM PARAMBIL PARANGODAN, RESIDING AT, VAKKATT MANAKKAL HOUSE, PALLIKKARA
AMSOM DESOM, PONNANI TALUK. (DELETED) (REINSTATED)
(THE 5TH AND 6TH RESPONDENT ARE DELETED FROM THE
PARTY ARRAY AS PER ORDER DATED 13.01.2012 IN
IA.105/2012)
(THE ORDER ON IA.105/2012 DATED 13.01.2012 IS
REVIEWED AND THE 5TH AND 6TH RESPONDENT REINSTATED
TO THE PARTY ARRAY AS PER ORDER DATED 01.02.2012 IN
IA.371/2012.)
*7
AS THE VAKKATT UDARAPPAN MOORTHI
TEMPLE COMMITTEE OFFICE BEARERS AND ALSO AS
REPRESENTING THE GENERAL PUBLIC HAVING SAME, INTEREST-VAKKATT UDARAPPAN MOORTHI TEMPLE, COMMITTEE SECRETARY, KAITHAKUZHIYIL MANI, 49 YEARS, S/O.KUPPA.(DIED) (DELETED)
(THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY
AT THE RISK OF THE PETITIONERS/APPELLANTS AS PER
ORDER DATED 01.02.2012 IN IA.372/2012)
R1,R2 & R4 BY ADV. SRI.T.KRISHNANUNNI (SR)
R1 TO R4 BY ADV. SRI.JAMSHEED HAFIZ
R5 & R6 BY ADV. SRI.T.K.VIPINDAS
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON
15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The appellants and the counsel remained absent. There was no representation. The appeal is of the year 2011. Two postings were given in this year for final argument. As such, this court has no other option, but to dismiss the appeal for non prosecution. The appeal is dismissed for non prosecution. Sd/- P.SOMARAJAN JUDGE msp //TRUE COPY// P.A. TO JUDGE