IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 AS.No. 858 of 1997(E) --------------------- OS.138/1980 of SUB COURT, KASARAGOD .................... APPELLANTS/Respondents 11 to 17/Defendants 11 to 17:- -------------------------------------------------------------------------- 1. SHANKARANARAYNA BHAT, AGED 38 YEARS, S/O.SEETHARAMA BHAT, CULTIVATOR. 2. DEVAKI AMMA, AGED 56 YEARS, WIFE OF SEETHARAMA BHAT. 3. LAXMI DEVI, AGED 32 YEARS, WIFE OF D.CHANDRASHEKHARA BHAT. 4. GANAPATHI BHAT, AGED 30 YEARS, S/O.SEETHARAMA BHAT, CULTIVATOR. 5. PUSHPAVENI, AGED 26 YEARS, WIFE OF CHANDRAHASA BHAT. 6. SHYAMALA, AGED 24 YEARS, D/O.SEETHARAMA BHAT. 7. K.M.SRIKRISHNA BHAT, AGED 32 YEARS, S/O.K.M.KESHAVA RAO, CULTIVATOR. [Appellant Nos.1 and 7 are residing at Melina Panje of Bayar village and post, Kasaragod Taluk and District. Appellant Nos.2 and 6 are residing at Shiranthadka of Padre village and post, Kasaragod Taluk and District. 3rd appellant is residing at Marikkana House, Ku;mbdaje village, P.O.Movvar, Kasaragod Taluk and District. 4th appellant is a Bank employee in North Malabar Gramin Bank, Sajankila of Bayar village and post, Kasaragod Taluk and District. 5th appellant is residing at Edamale of Padre village and post, Kasaragod Taluk and District. All are Hindus.] BY ADV. SRI.S.VINOD BHAT -: 2 :- RESPONDENTS/Petitioner & Respondents 1 to 10/Plaintiff and Defendants 1 to 10:- ----------------------------------------------------------------------------------- 1. M.SEETHA DEVI, AGED 48 YEARS, WIFE OF K.M.SRINIVASA BHAT, HINDU, LANDHOLDER, RESIDING AT MELINA PANJE, BAYAR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. BHAGIRATHI AMMA, AGED 52 YEARS, WIFE OF PADMANABHA BHAT. 3. RATHNA, AGED 41 YEARS, WIFE OF RAMACHANDRA GANAPTHI CHAISAS. 4. RAJESHARI, AGED 35 YEARS, WIFE OF PRAKASH VALVE. 5. NAGAVENI, AGED 33 YEARS, WIFE OF NAGESH S.BHAT. 6. KASHYAMMA, AGED 31 YEARS, WIFE OF DATTATHREYA SHANKAR SIDHAYA. 7. KARTHYAYINI, AGED 26 YEARS, D/O.PADMANABHA BHAT AND WIFE OF SHASHIKANTHA SHANKAR KARAMBEDKAR. 8. BHAVANI, AGED 26 YEARS, WIFE OF SHANKARANARAYANA BHAT. 9. RAMAKRISHNA, AGED 12 YEARS. 10. SUBRAHMANYA, AGED 10 YEARS. 11. JYOTHILAXMI, AGED 8 YEARS. [Nos.9 to 10 are minor children of Shankaranarayana Bhat, by guardian their father Shankaranarayana Bhat]. [Respondent Nos.2 and 8 to 11 are residing at Melina Panje of Bayar village and post, Kasaragod Taluk and District. 3rd respondent is residing at Kukkam Mangoshi, P.O. Mardol, Goa State. 4th respondent is residing at Karwar Taluk, P.O.Shejwad, North Kanara District, (............3) -: 3 :- Karnataka State. 5th respondent is residing at Aros Bazar, P.O.Aros, Savanthawadi Taluk, Sindhu Durga District, Maharashtra State. 6th respondent is residing at Mukkam Asniya, Savanthwadi Taluk, Sindhu Durge District, P.O. Thamboli, Maharashtra State. 7th respondent is residing at Annapurna Sadan, Kelavade, Post Rajapur, Rajapur Taluk, Ratnagiri District, Maharashtra State.] BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ===================== AS. No.858 of 1997. ====================== Dated this the 21st day of May, 2008. Raman, J. J U D G M E N T CMP.No.6287/1997 in AS.No.858/1997. None appeared. Counsel absent. Name of the parties called. Dismissed for default. AS.No.858/1997. Since the delay petition is dismissed for default, the appeal also dismissed. (P.R.RAMAN, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) kvs/-