Rukmini Amma v. Kamala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 AS.No. 378 of 1997 --------------------------- JUDGMENT DATED 19-08-1996 IN IA.NO.1117/1992 IN OS 121/1980 of SUB COURT, KASARAGOD ......

APPELLANT(S)/R5 & R10/D5 & D10:

------------------------------------------------- 1.

RUKMINI AMMA, AGED 80 YEARS, WIDOW OF GANAPATHY BHAT.

2.

SRINIVASA BHAT, AGED 52 YEARS, SON OF LATE GANAPATHY BHAT.

BOTH ARE HINDUS, LANDHOLDERS, RESIDING AT KURUMUNJI HOUSE, KUMBDAJE VILLAGE, P.O.MOVVAR, KASARAGOD TALUK AND DISTRICT.

BY ADVS.SRI. D.KRISHNAPRASAD SMT.O.K.SANTHA RESPONDENT(S)/PLAINTIFFS/PETITIONER AND R2 TO R4, R6 TO R9 & R11 TO R16: ----------------------------------------------------------------------------------------------------------------------- 1.

KAMALA, AGED ABOUT 65 YEARS, W/O.LATE P.VISHNU BHAT, HINDU, HOUSEHOLD, RESIDING AT CHERKUDLU HOUSE, PERDALA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT, 2.

ANANTHA BHAT, AGED ABOUT 57 YEARS, SON OF SUBRAHMANYA BHAT.

3.

RADHAKRISHNA BHAT, AGED ABOUT 53 YEARS, S/O.SUBRAHMANYA BHAT.

* 4.

ACHUTHA BHAT, AGED 79 YEARS, SON OF ANANTHA BHAT. (DIED) RESPONDENTS 2 TO 4 ARE HINDUS, LANDHOLDERS, RESIDING IN KURUMUNJI HOUSE, KUMBDALE VILLAGE, P.O.MOVVAR, KASARAGOD TALUK AND DISTRICT.

* IT IS RECORDED THAT THE 4TH RESPONDENT DIED ON 7.6.1997 AND NONE NEED BE IMPLEADED AS THE LEGAR REPRESENTATIVES OF THE DECEASED 4TH RESPONDENT AS PER ORDER DTD.2.2.2000 IN MEMO DATED 14.10.1998 WITH C.F. NO.14809/1998. 5.

SRIDEVI, AGED ABOUT 62 YEARS, W/O.VENKATRAMANA BHAT, HINDU, HOUSEHOLD, SHIRANTHADKA HOUSE, PADRE VILLAGE, P.O.PADRE (VIA), PERLA, KASARAGOD TALUK & DISTRICT. Msv/ -2-

-2AS.No. 378 of 1997 --------------------------- 6.

KAMALA, AGED ABOUT 57 YEARS, W/O.RAMA BHAT, HINDU, HOUSEHOLD, RESIDING AT AVALAKEDUKODI, BAYAR VILLAGE, P.O.SAJANKILA (VIA), UPPALA, KASARAGOD TALUK & DISTRICT.

7.

SUMATHI, AGED ABOUT 55 YEARS, W/O.SRIHARI BHAT, HINDU HOUSEHOLD, RESIDING IN PADEKARYA HOUSE, BADAGANOOR VILLAGE, P.OPADUVANOOR, PUTTUR TALUK, D.K.DISTRICT.

8.

SUNANDA, AGED ABOUT 53 YEARS, W/O.MADHAVA BHAT, HINDU, HOUSEHOLD, RESIDING AT PADEKARYA HOUSE, BADAGANOOR VILLAGE, P.OPADUVANOOR, PUTTUR TALUK, D.K.DISTRICT.

9.

SUBRAHMANYA BHAT AGED ABOUT 30 YEARS, 10.

SATHYANARAYANA BHAT, AGED ABOUT 27 YEARS, 11.

GOVINDA BHAT, AGED ABOUT 24 YEARS, RESPONDENTS 9 TO 11 ARE THE SONS OF 2ND RESPONDENT ANANTHA BHAT, HINDUS, LANDHOLDERS, RESIDING AT KURUNMUNJI HOUSE, KUMBDAJE VILLAGE, P.O.MOVVAR, KASARAGOD TALUK AND DISTRICT.

12.

GANGADEVI, AGED ABOUT 55 YEARS, W/O.S.ANANTHA BHAT, HINDU, HOUSEHOLD, RESIDING AT CHERUPANATHY HOUSE, PANATHODY VILLAGE HOSDRUG TALUK, P.O.MALEKKAL (VIA) RAJAPURAM.

13.

SUSHEELA, AGED ABOUT 50 YEARS, W/O.ACHUTHA BHAT, HINDU HOUSEHOLD, RESIDING IN CHADU KUDLU HOUSE, BADAGANNUR VILLAGE, P.O.BADAGANNUR, PUTTUR TALUK, D.K.DISTRICT.

14.

KAMALA, AGED ABOUT 47 YEARS, W/O.MADHAVA BHAT, HINDU HOUSEHOLD RESIDING IN BANTAJE HOUSE, NIDPALLI VILLAGE, P.O.NIDPALLI PUTTUR TALUK, D.K. DISTRICT.

BY ADVS. SRI.M.C.SEN SRI.M.P.SREEKRISHNAN SMT.P.VANI THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

P.B.SURESH KUMAR, J.

----------------------------------- A.S.No.378 of 1997 ------------------------------------------------ Dated this the 5th day of June, 2015

JUDGMENT

Service of notice on the nineth respondent is not complete. The Registry granted time to the appellants to cure the defect as early as on 25.7.2011. Till date, the defect noted in the appeal is not cured.

The appeal is therefore dismissed for default. P.B.SURESH KUMAR, JUDGE.

smm