IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945 RSA NO. 68 OF 2023 FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.12/2020 OF THE COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM THE JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013 OF THE COURT OF MUNSIFF, KOTTARAKKARA APPELLANTS/RESPONDENTS 2 TO 4/COUNTER CLAIM DEFENDANTS 2 TO 4/ PLAINTIFFS: 1 SREEKALA AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK 2 PRASAD AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK 3 PRAKASH AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK BY ADVS. V.JOHN MANI VARGHESE SABU SETHULAKSHMI K.K. JACKSON JOHNY RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENT 5/COUNTER CLAIM PLAINTIFFS/ DEFENDANTS 1,2 AND 4: 1 SARASWATHY AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306 2 USHA AGED 44 YEARS, D/O. SARASWATHY, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306 R.S.A. Nos. 68 & 69 of 2023 2 3 SREELEKSHMI AGED 32 YEARS, D/O. SARASWATHY, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT - 682306 NOW RESIDING AT 5455 N SHERIDAM RD APT. 301, CHICAGO, IL - 60640, USA BY ADVS. SAJEEV T.K. SANDHRA.S(K/001610/2021) G.SHRIKUMAR (SR.)(S-580) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023, ALONG WITH RSA.69/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.S.A. Nos. 68 & 69 of 2023 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945 RSA NO. 69 OF 2023 FROM THE COMMON JUDGMENT DATED 28.09.2022 IN A.S.NO.13/2020 OF THE COURT OF THE SUBORDINATE JUDGE, KOTTARAKKARA ARISING FROM THE JUDGMENT AND DECREE DATED 03.08.2020 IN O.S.NO.516 OF 2013 OF THE COURT OF MUNSIFF, KOTTARAKKARA APPELLANTS/RESPONDENTS 2 TO 4/PLAINTIFFS 2 TO 4: 1 SREEKALA AGED 45 YEARS, D/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK 2 PRASAD AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK 3 PRAKASH AGED 40 YEARS, S/O. RAJAMMA, KUTTARA VEEDU, KULAKKADA EAST MURI, KULAKKADA VILLAGE, KOTTARAKKARA TALUK BY ADVS. V.JOHN MANI JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. RESPONDENTS/APPELLANTS 1 TO 2 AND RESPONDENTS 5 AND 6/ DEFENDANTS: 1 SARASWATHY AGED 68 YEARS, W/O. LATE PURUSHOTHAMAN ACHARI, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306 R.S.A. Nos. 68 & 69 of 2023 4 2 USHA AGED 44 YEARS, D/O. SARASWATHY, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306 3 SREEJA AGED 41 YEARS, D/O. SARASWATHY, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN – 682306 NOW RESIDING AT 5455 N SHERIDAM RD APT. 301, CHICAGO, IL - 60640, USA 4 SREELEKSHMI AGED 32 YEARS, D/O. SARASWATHY, PARVATHY BHAVANAM VEEDU, POTTAYIL, EROOR SOUTH, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN - 682306 NOW RESIDING AT 5455 N SHERIDAM RD APT. 301, CHICAGO, IL - 60640, USA BY ADVS. SAJEEV T.K. SANDHRA.S(K/001610/2021) G.SHRIKUMAR (SR.)(S-580) THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023, ALONG WITH RSA.68/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.S.A. Nos. 68 & 69 of 2023 5 JUDGMENT Dated this the 16th day of October, 2023 These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure to set aside decree and common judgment in A.S. Nos.12 and 13 of 2020 dated 28.09.2022 on the files of the Court of the Subordinate Judge, Kottarakkara arose from the decree and judgment in O.S. No.516 of 2013 dated 03.08.2020 on the files of the Court of Munsiff, Kottarakara. 2. No representation for the appellants as well as the respondents. Since the respective counsel for the appellants is not intended to proceed with these second appeals, these regular second appeals stand dismissed for non prosecution. Sd/- A. BADHARUDEEN SK JUDGE