High Court of KeralaAS/101/1997dismissed for default

Mullacherry Damodaran Nair v. Bethur Janardhanan Nair

2015-05-20Honourable Mr. Justice P.B.Suresh Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 AS.No. 101 of 1997 ( ) ----------------------- AGAINST THE JUDGMENT DATED 12-12-1996 IN OS. NO.188/1994 OF SUB COURT, KASARAGOD.

......

APPELLANT/1ST DEFENDANT:

----------------------------------------------- * 1. MULLACHERRY DAMODARAN NAIR, SON OF CHANDU NAIR, RESIDING AT BEPU IN MULIYAR, MULIYAR VILLAGE, KASARAGOD TALUK, P.O. IRIYANNI. (DIED) * SUPPLEMENTAL APPELLANTS 2 TO 5 IMPLEADED

2. KALLALIL SARASAMMA.

3. K. SUMA DEVI.

4. K. SUNIL KUMAR.

5. K. SUJEETH KUMAR.

SUPPL. APPELLANT NO.2 IS THE WIDOW AND NO.3 TO 5 ARE THE CHILDREN OF MULLACHERRY DOMODARAN NAIR.

ALL THE APPELLANTS ARE RESIDING AT BEPU IN MULIYAR VILLAGE, KASARAGOD TALUK, P.O. IRIYANNI.

* LEGAL REPRESENTATIVES OF THE DECEASED 1ST APPELLANT ARE IMPLEADED AS SUPPL. APPELLANTS 2 TO 5 AS PER ORDER DATED 27/08/2008 IN I.A. NO.49/2008.

BY ADV. SRI.K.G.GOURI SANKAR RAI.

RESPONDENTS/PLAINTIFF AND DEFENDANTS 2 TO 4:

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1. BETHUR JANARDHANAN NAIR, S/O.EDEYILLAM CHATHUKUTTY NAIR, RESIDING AT PAYYANGANAM OF KUTTIKOLE VILLAGE AND POST, KASARAGOD TALUK.

AS.No. 101 of 1997 ** 2. KALLALIL SARASAMMA, W/O.DAMODARAN NAIR. (STRUCK OFF)

3. PAYYADAKKAM NARAYANAN NAIR.

** 4. K. SUMADEVI, D/O.DAMODARAN NAIR. (STRUCK OFF) NOS.2 TO 4 ARE RESIDING AT BEPU IN MULIYAR VILLAGE OF KASARAGOD TALUK, P.O. IRIYANNI.

** RESPONDENTS 2 AND 4 ARE STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DATED 05/09/2008 IN AS.101/1997. BY ADV. D KRISHNAPRASAD.

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20-05-2015, ALONG WITH CO. NO.107 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

P.B.SURESH KUMAR, J.

= = = = = = = = = = = = = = = = A.S.No.101 of 1997 & Cross Objection No.107 of 2008 = = = = = = = = = = = = = = = = Dated this the 20th day of May, 2015

J U D G M E N T

No representation for the appellants and the respondents. The appeal and the Cross Objection are accordingly dismissed for default.

Sd/- P.B.SURESH KUMAR, Judge.

Kvs/- // true copy // PA TO JUDGE.