Kerala High Court
RSA/69/2023 of SREEKALA Vs SARASWATHY on 2 June 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A . BADHARUDEEN MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945 RSA NO. 68 OF 2023 FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.12/2020 OF THE COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM THE JUDGMENT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
RSA NO. 68 OF 2023
FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.12/2020 OF THE
COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM THE
JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013 OF THE
COURT OF MUNSIFF, KOTTARAKKARA
APPELLANTS/RESPONDENTS 2 TO 4/COUNTER CLAIM DEFENDANTS 2 TO 4/
PLAINTIFFS:
SREEKALA
AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
PRASAD
AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
PRAKASH
AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
BY ADVS.
V.JOHN MANI
VARGHESE SABU
SETHULAKSHMI K.K.
JACKSON JOHNY
RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENT 5/COUNTER CLAIM
PLAINTIFFS/ DEFENDANTS 1,2 AND 4:
SARASWATHY
AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI, PARVATHY
BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
USHA
AGED 44 YEARS, D/O. SARASWATHY,
PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
SREELEKSHMI
AGED 32 YEARS, D/O. SARASWATHY,
PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT - 682306
BY ADVS.
SAJEEV T.K.
SANDHRA.S(K/001610/2021)
G.SHRIKUMAR (SR.)(S-580)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH RSA.69/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
RSA NO. 69 OF 2023
FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.13/2020 OF
THE COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM
THE JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013
OF THE COURT OF MUNSIFF, KOTTARAKKARA
APPELLANTS/RESPONDENTS 2 TO 4/PLAINTIFFS 2 TO 4:
SREEKALA
AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
PRASAD
AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
PRAKASH
AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK
BY ADVS.
V.JOHN MANI
JACKSON JOHNY
VARGHESE SABU
SETHULAKSHMI K.K.
RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENTS 5 AND 6/
DEFENDANTS:
SARASWATHY
AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
USHA
AGED 44 YEARS, D/O. SARASWATHY,
PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
SREEJA
AGED 41 YEARS, D/O. SARASWATHY,
PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN – 682306
SREELEKSHMI
AGED 32 YEARS, D/O. SARASWATHY,
PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306
BY ADVS.
SAJEEV T.K.
SANDHRA.S(K/001610/2021)
G.SHRIKUMAR (SR.)(S-580)
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH RSA.68/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 16th day of October, 2023 These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure to set aside decree and common judgment in A.S. Nos.12 and 13 of 2020 dated 28.09.2022 on the files of the Court of the Subordinate Judge, Kottarakkara arose from the decree and judgment in O.S. No.516 of 2013 dated 03.08.2020 on the files of the Court of Munsiff, Kottarakara.
2. No representation for the appellants as well as the respondents. Since the respective counsel for the appellants is not intended to proceed with these second appeals, these regular second appeals stand dismissed for non prosecution. Sd/- A. BADHARUDEEN SK JUDGE