IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 AS.No. 872 of 1998(C) --------------------- OS.502/1988 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT/PLAINTIFF ------------------ ANTONY S/O KURUTHUKULANGARA ITTACHAN AYYANTHOLE VILLAGE THRISSUR TALUK BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) SRI.KODOTH PUSHPARAJAN SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENTS/DEFENDANTS ----------------------- 1. THANKAMMA, W/O LATE OLLUKKARAN JOSEPH RESIDING AT MISSION QUARTERS THRISSUR TOWN, THRISSUR VILLAGE THRISSUR TALUK 2. PAUL, S/O THANKAMMA, RESIDING AT - DO- 3. KATHREENA, W/O MOOKKAN WILSON RESIDING AT -DO- 4. JOSEPH, S/O THANKAMM, RESIDING AT -DO- 5. MARIYAM @ SHEELA SAMUVEL, W/O PORUTHUKARAN JOY RESIDING AT KIZHAKUMPATTUKKARA 6 JOHN, S/O THANKAMMA, RESIDING AT MISSION QUARTERS, THRISSUR TOWN THRISSUR VILLAGE, THRISSUR TALUK AS.NO.872/98 7. JOSEPH, S/O CHATHUNAM PYLOTH RESIDING AT MISSION QUARTERS THRISSUR VILLAGE, THRISSUR TALUK (DIED) 8. WILSON, S/O MOOKKAN DEVASSY RESIDING AT MISSION QUARTERS THRISSUR VILLAGE, THRISSUR TALUK 9. KERALA STATE , REP. BY DISTRICT COLLECTOR, THRISSUR, AYYANTHOLE THRISSUR 10. C.J.DAVY AGED 48 YEARS S/O LATE JOSEPH RESIDING IN MISSION QUARTERS THRISSUR 11. C.J.PRASAD, AGED 45 YEARS RESIDING AT -DO- 12 C.J.PRABHA, W/O JOHN MICHAEL RESIDING AT NALLANGARA KALLUR, THRISSUR Legal heirs of deceased 7th respondent impleaded as supplemental respondents 10 to 12 as per order dated 18-9-07 in C.M.P.No.1435/00 GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN SRI.JOSE K.KOCHUPAPPU FOR ADDL.R10 TO R12 SRI.V.G.SANKARAN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - A.S.No. 872 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT On 24/09/2008, I had heard the counsel for the appellant in full. I had found merit in the submissions of the learned counsel for the appellant that the court below should have granted atleast interest at the rate of 12% per annum on the amount decreed. The case was posted to this date in the disposal date since the counsel for the respondents was absent. Today also, there is no representation for the respondents. Under the above circumstances, I am inclined to accept the submissions of the learned counsel for the appellant to the extent indicated in my order dated 24-09-2008. Accordingly, the appeal will stand allowed to the extent of allowing interest on the sum of Rs. 65,000/- from the date of suit till the date of realisation at the rate of 12% per annum. The judgment and decree passed by the court below against respondents 1 to 8 only is modified to the above extent. The appellant-plaintiff will be entitled for proportionate cost on the decreed amount both in the court below as well as in this court. PIUS.C.KURIAKOSE JUDGE sv.