IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 RSA.No. 1400 of 2004() ---------------------- AS.152/1997 of DISTRICT COURT, KASARAGOD OS.4/1995 of SUB COURT, KASARAGOD .................... APPELLANT (2ND RESPONDENT/2ND PLAINTIFF): ------------------------------------------------------------- VISHWANATHA ALVA, S/O.B. RAMAYYA ALVA, RESIDING AT POOKKARE HOUSE, BOMBRANA VILLAGE AND POST, VIA. KUMBLA, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.M.HARISHARMA SRI.T.P.ELDHOSE RESPONDENT(S): RESPONDENTS 2 TO 23/DEFENDASNTS 2 TO 17: ------------------------------------------------------- 1. KARUNAKARAN, S/O. AMBADY, RESIDING AT K.K.R. HOUSE, OPPOSITE CONVENT SCHOOL KOIPADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 2. K. MADHAVA, S/O. AYYAPPA BELCHAPPADA, RESIDING AT KUMBLA RAILWAY STATION, KOIPADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 3. RAGHAVA GURIKKAR, S/O. KANDAPPA, RESIDING IN ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 4. LAXMANA VAIDYAR, S/O. PAKRU BELCHAPPADA RESIDING AT BHANDARAM HOUSE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. -:2:- 5. JANARDHANA BILLAMPADY, S/O. SUBBUNHI BELCHAPPADA, RESIDING NEAR KUMBLA MARKET KOIPADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 6. K. SESHAGIRI, S/O. MANJUNATHA MASTER RESIDING AT TEMPLE ROAD, KUMBLA KOIPADY VILLAGE, P.C. KUMBLA, KASARAGOD TALUK AND DISTRICT. 7. BHASKARA ALIAS KUNHAPPA, S/O. AMBADY BELCHAPPADA, KOIPADY VILLAGE P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 8. ASHOKAN, S/O. CHIRUKANDAN, RESIDING AT ASHAN NILAYAM, BOMBRANA VILLAGE POST BOMBRANA, (VIA) KUMBLA, KASARAGOD TALUK AND DISTRICT. 9. PURUSHOTHAMA, S/O. SHANKARAN, RESIDING AT KARLE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 10. M. BALRAJ, S/O. M.V.K. CHANDRAN, PROPRIETOR, `RAJ TRAVELS', DWARAKA NAGAR KASARAGOD KASBA VILLAGE, P.O. KASARAGOD, KASARAGOD TALUK AND DISTRICT. 11. B.K. VISWANATHAN, S/O. B.K. KRISHNAN, RESIDING AT KUNTANGARADKA, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 12. B.K. SUDHARA, S/O. B.K. KRISHNAN, RESIDING AT RAJESWARI NILAYAM, MATHURA NAGAR, KOIPADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 13. K. NAGESH, S/O. KUNHIRAMAN, C/O. DEEPAK GARRIAGE, NEAR DEVI TALKIES, KOIPADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 14. ASSISTANT COMMISSIONER, H.R. & C.E., (ADMN.) DEPARTMENT, KASARAGOD, KANHANGAD. 15. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KASARAGOD. -:3:- 16. THE COMMISSIONER, H.R. & C.E., KOZHIKODE. 17. LAXMI, W/O. LATE AMBADY BELCHAPPADA, RESIDING AT BHANDRAMANE HOUSE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 18. RAMDAS, S/O. LATE AMBADY BELCHAPPADA, RESIDING AT BHANDRAMANE HOUSE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 19. DAMODARA, S/O. LATE AMBADY BELCHAPPADA, RESIDING AT BHANDRAMANE HOUSE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 20. ANDNDA, S/O. LATE AMBADY BELCHAPPADA, RESIDING AT BHANDRAMANE HOUSE, ARIKADY VILLAGE, P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 21. RENJINI, D/O. LATE AMBADY BELCHAPPADA, RESIDING NEAR PARASTHANAM, ARIKADY VILLAGE P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. 22. DINAKARA, S/O. LATE AMBADY BELCHAPPADA, RESIDING AT PARASTHANAM, ARIKADY VILLAGE P.O. KUMBLA, KASARAGOD TALUK AND DISTRICT. ADV. SRI.K.SHRIHARI RAO FOR R1 SMT.N.SHOBHA FOR R.1 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * R.S.A. NO. 1400 of 2004 - G * * * * * * * * * * * * * * * * * * Dated: 30th January, 2009 JUDGMENT The 2nd plaintiff in O.S. No. 4 of 1995 on the file of the Sub Court, Kasaragod is the appellant in this Second Appeal. The said suit was one for declaration and consequential injunction in respect of a temple property. The suit has been dismissed by the courts below. Pending Second Appeal, the parties have settled the matter and have filed a joint petition signed by the appellant as well as 16 of the respondents, the names of the other respondents having been deleted. Accordingly, as desired in the joint petition filed as I.A. No. 243/08, the judgments and decrees passed by the courts below as well as the orders on the cross objections filed before the court below shall stand set aside and the suit O.S. No. 4 of 1995 shall stand closed as settled out of court. No costs. Dated this the 30th day of January, 2009. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.