High Court of KeralaRSA/524/2015dismissed as withdrawn

Sasidharan v. Sree Durga Devi Temple

2015-09-16Honourable Mr. Justice P.B.Suresh Kumar2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 RSA.No. 524 of 2015 () ----------------------- AS.NO. 162/2009 OF ADDL.DISTRICT COURT- I, MAVELIKARA DATED 16/12/2014 OS.NO. 79/2001 OF MUNSIFF COURT, HARIPAD DATED 27/03/2009 -------------------- APPELLANT/IST RESPONDENT/IST PLAINTIFF :

--------------------------------------------------------------------- SASIDHARAN, AGED 61 YEARS S/O MADHAVAN, RESIDING AT THOTTUKADAVIL VEETTIL THAMALLAKKAL THEKKUM MURI, KUMARAPURAM VILLAGE. BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDNETS/APPELLANTS/DEFENDANTS:

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1. SREE DURGA DEVI TEMPLE THOTTUKADAVU, THAMALLAKKAL THEKKUM MURI KUMARAPURAM VILLAGE REPRESENTED BY ITS PRESENT PRESIDENT K. RAJU AGED 45 YEARS, RESIDING AT POYKAYIL THULAMPARAMPU P.O., HARIPAD-690514.

2. DEVASWOM SECRETARY (PRESENT) SREEKUMAR, AGED 38 YEARS RESIDING AT SREE RENGATHU, KUMARAPURAM P.O.

KOOTTAMKAITHA, HARIPAD-690514.

3. RAMESAN, S/O. KRISHNAN, AGED 58 YEARS SAJINI BHAVANATHU (PUTHENKATTIL PADEETTATHIL) ERIKKAVU MURI, KUMARAPURAM VILLAGE-690548.

4. CHANDRAN, AGED 36 YEARS S/O. PACHU, RESIDING AT RENJITH BHAVAN THAMALLAKKAL THEKKUM MURI OF DO. DO.- 690548.

5. KRISHNAN KUTTY, S/O. PACHU, AGED 58 YEARS RESIDING AT THIRUVASSERIL PADEETTATHIL OF DO. DO. -690548.

6. BHASURAN, S/O. VASU, AGED 52 YEARS RESIDING AT THOTTUKADAVIL VEETTIL OF DO. DO. - 690548.. R1 & R2 BY ADV. SRI.K.SUBASH CHANDRA BOSE TTHIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 16-09-2015, ALONG WITH RSA NO.527/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.B.SURESH KUMAR, J.

----------------------------------- R.S.A.Nos.524 & 527 of 2015 ------------------------------------------------ Dated this the 16th day of September, 2015

JUDGMENT

The learned counsel for the appellants submits that they may be permitted to withdraw the second appeals without prejudice to the right of the appellants to institute appeals against the common judgment impugned in these appeals, as provided for under Order XLIII Rule (1)(u) of the Code of Civil Procedure.

In the peculiar facts and circumstances of this case, the appellants are permitted to withdraw the second appeals without prejudice to their right to file appeals against the impugned common judgment, as provided for under Order XLIII Rule (1)(u) of the Code of Civil Procedure. The registry is directed to return the certified copies of the judgments impugned in these appeals to the appellants.

P.B.SURESH KUMAR, JUDGE.

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