IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 RSA.NO. 1100 OF 2008(E) ------------------------------------ AS.306/2005 OF DISTRICT COURT,TRIVANDRUM OS.1120/2000 OF III ADDL.M.C.,TRIVANDRUM .................... APPELLANTS - RESPONDENTS 1 & 2 – DEFENDANTS 1 & 2: ---------------------------------------------------------------------------------- 1. KARTHIKEYA KURUKKAL, POOVANANTHUVILAKATHU VEEDU, TC 4/356, KURUNGANOOR MURI, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. 2. LALITHAMBIKA DEVI, D/O.DEVAKI AMMA, BYJU VEEDU, TC 8/1332, MADAVARAM MURI, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): APPELLANTS & RESPONDENTS 3 : ------------------------------------------------------------------------- 1. PARUKUTTY AMMA, D/O.LEKSHMIKUTTY AMMA, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 2. GOPINATHA KURUKKAL, S/O.PURUSHOTHAMA KURUKKAL, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 3. RAVEENDRANTHA KURUKKAL, S/O.PURUSHOTHAMA KURUKKAL, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 4. JAGANNATHA KURUKKAL, S/O.PUSUTHOTHAMA KURUKKAL, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 5. VISWANATHA KURUKKAL, S/O.PURUSHOTHAMA KURUKKAL, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 6. LALITHA DEVI, D/O.PARUKKUTTY AMMA, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 7. GEETHA DEVI, D/O.PARUKKUTTY AMMA, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 8. SANTHA DEVI, D/O.PARUKKUTTY AMMA, MAVARATHALAMADAM, NEDUMPURATHU MURI, KUDAPPANAKKUNNU VILLAGE, PEROORKADA, THIRUVANANTHAPURAM. 9. SOMANATHA KURUKKAL, CALLED AS PADMANABHAN, S/O.PURUSHOTHAMA KURUKKAL 23/11, OLD RAJENDRA NAGAR, NEW DELHI. 10. REGHUNATHA KURUKKAL, S/O.PURUSHOTHAMA KURUKKAL, 16/K-1, CANAL STREET, CALCUTTA, WEST BENGAL. 11. RAJAMMAL, KILLI GARDENS, SOUTH OF SASTHAMANGALAM, SIVA TEMPLE, PIPPINMOODU, THIRUVANANTHAPURAM. 12. SREEKUMAR, KILLI GARDENS, SOUTH OF SASTHAMANGALAM, SIVA TEMPLE, PIPPINMOODU, THIRUVANANTHAPURAM. 13. KRISHNAKUMAR, KILLI GARDENS, SOUTH OF SASTHAMANGALAM, SIVA TEMPLE, PIPPINMOODU, THIRUVANANTHAPURAM. 14. BIJU, BENNY NIVAS, KILLI GARDENS, SOUTH OF SASTHAMANGALAM, SIVA TEMPLE, PIPPINMOODU, THIRUVANANTHAPURAM. 15. BINI, KILLI GARDENS, SOUTH OF SASTHAMANGALAM, SIVA TEMPLE, PIPPINMOODU, THIRUVANANTHAPURAM. 16. GEETHA KUMARI, W/O.SREEKUMAR, SHANMUGHA BHAVAN, NEAR MAHADEVA TEMPLE, SASTHAMANGALAM, MADAVARAM MURI, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA(CAVEATOR) SRI.R.S.KALKURA FOR R2,3,4,6,7,8,9 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = R.S.A. NO.1100 of 2009 and I.A. NO.2490 OF 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2009 J U D G M E N T ---------------------- Defendants in the suit have preferred the Second Appeal challenging the decree for redemption of mortgage granted by the first appellate court reversing the dismissal of the suit by the trial court. 2. Interlocutory Application No.2490 of 2009 is filed by the respondents-plaintiffs seeking permission of this Court to withdraw the suit. In the affidavit in support of the application it is stated that the matter has been settled between respondent Nos.1 to 7 and second appellant and that in the circumstances the suit has become infructuous. Hence permission is sought for withdrawal of the suit as aforesaid. Heard counsel on both sides. 3. Learned counsel for appellants states that appellants have no objection in allowing the application. 4. As per I.A. No.2490 of 2009 while seeking permission to withdraw the suit there is no prayer to reserve any right for respondents to file fresh suit. As per the statements in the affidavit in support of the application the suit itself has become infructuous since the matter has been settled between respondent Nos.1 to 7 and R.S.A. NO.1100 of 2008 & I.A. No.2490 of 2009 -: 2 :- appellant No.2. Learned counsel for respondents submits that in the circumstances suit can be allowed to be dismissed as abandoned, setting aside the judgment and decree of the courts below. Resultantly, I.A. No.240 of 2009 is allowed and suit is dismissed as abandoned setting aside judgment and decree of the courts below. Consequently, Second Appeal is also dismissed. It is made clear that right if any of appellant No.1 in the suit property will not be affected by the dismissal of the suit and the Second Appeal. Parties shall suffer their costs. Interlocutory Application No.2439 of 2008 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. vsv R.S.A. NO.1100 of 2008 & I.A. No.2490 of 2009 -: 3 :- THOMAS P.JOSEPH, J. =================== R.S.A. NO.1100 OF 2008 =================== J U D G M E N T 28TH OCTOBER, 2009