Sri.Chacko Thomas v. Aniyamma Jose

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 RFA.No. 411 of 2004 -------------------------- AGAINST THE JUDGMENT IN OS 5/1999 of DIST. & SESSIONS COURT, ALAPPUZHA, DATED 09-02-2004 APPELLANTS/DEFENDANTS 2 TO 5:

1. SRI.CHACKO THOMAS, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY.

(DIED)

2. CHECHAMMA ANTONY, KAVALAPARAMBIL, KONTHURUTHY, THEVARA, ERNAKULAM.

3. ACHAMMA CHACKO, THURUTHUMMALIL, VILLOONNI, ARPOOKKARA P.O., MANNANOOR.

4. THANKAMMA OMMEN, NEDUMPARAYIL HOUSE, VILLOONNI, ARPPOOKARA.

Addl.A5 THANKAMMA THOMAS, W/O CHACKO, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY. Addl.A6 ANISAMMA CHERIAN, D/O CHACKO, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY. Addl.A7 CHACKO THOMAS, S/O CHACKO, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY. Addl.A8 VAKACHAN THOMAS, S/O CHACKO, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY. Addl.A9 MARIA SUNNY SEBASTIAN, D/O CHACKO, PANCHARAYIL HOUSE, NEAR ANAND ASHRAM, CHANGANACHERRY. (The first appellant died and the additional appellants 5 to 9 are impleaded as the legal heirs of the first appellant as per the order in IA 3249/07 dated 10.9.2007) BY ADVS.SRI.SABU GEORGE SRI.SABU GEORGE SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS:

1. ANIYAMMA JOSE, VELIYANADU, KUTTANAD.

RFA.No. 411 of 2004 :: 2 ::

2. JOSE CHACKO, KANAKAMANGALAM, VELIYANADU, KUTTANAD.

3. JOSE MATHEW, KANAKAMANGALAM, VELIYANADU, KUTTANAD.

4. JOSE K.JOSE, NANAKAMANGALAM, VELIYANADU, KUTTANAD.

5. NANCY JOJO, KANAKAMANGALAM, VELIYANADU, KUTTANAD.

6. THRESISMMA DEVASIA, KURISUMMOOTTIL, ANAKALY, KANJIRAPPALLY.

7. FEDERAL BANK, VELIYANADU BRANCH, VELIYANADU P.O.

8. POST MASTER, HEAD POST OFFICE, KOTTAYAM.

R,R8 BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG R,R7 BY ADV. SRI.JOHN JOSEPH(ROY) R,R1 TO R5 BY ADV. SRI.T.KRISHNAN UNNI (SR.) R,R1TOR5 BY ADV. SRI.T.R.HARIKUMAR R,R17 BY ADV. SRI.K.S.HARIHARAPUTHRAN R,R17 BY ADV. SRI.GEORGE MATHEW R,R17 BY ADV. SRI.SUNIL KUMAR A.G R,R1-5 BY ADV. SRI.V.G.ARUN R3 BY ADV. SRI.VARGHESE C.KURIAKOSE R3 BY ADV. SRI.G.MANU KRISHNAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F.A.No.411 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27st day of October, 2015

JUDGMENT

Antony Dominic, J.

It is seen that though the sixth respondent expired as early as on 1.9.2010, so far no steps have been taken to implead his legal heirs. According to the counsel, the reason thereof is that the details have not been furnished by the appellants so far.

In such circumstances, appeal is dismissed for non prosecution. Sd/- ANTONY DOMINIC JUDGE Sd/- P.V.ASHA JUDGE jes // True Copy // P.A. to Judge