IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941 RSA.No.1144 OF 2011 AGAINST THE JUDGMENT AND DECREE DATED 01-03-2011 IN AS 96/2001 OF ADDITIONAL DISTRICT COURT (ADHOC-II), MANJERI AGAINST THE JUDGMENT AND DECREE DATED 14-08-2001 IN OS 38/1997 OF MUNSIFF-MAGISTRATE COURT, PONNANI APPELLANTS/RESPONDENTS NO.2 TO 4 & 6 TO 9 & 11 TO 13/ DEFENDANTS 2 TO 4, 6 TO 9, 11 & 12: *1 * VAKKATT UDARAPPAN MOORTHI TEMPLE COMMITTEE, PRESIDENT, KORAN, 44 YEARS, S/O.THIYYATHUMKUNNATH UDARAPPAN, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. NAME OF PRESIDENT SUBSTITUTED VAKKATT UDARAPPAN MOORTHI TEMPLE COMMITTEE, PRESIDENT, SUBRAMANIAN, S/O KUNHAN, AGED 49, RESIDING AT THIYATHKUNNATH, PALLIKKARA, NANNAMUKKU P.O, MALAPPURAM DISTRICT. THE NAME OF THE PRESIDENT OF THE APPELLANT TEMPLE COMMITTEE IS SUBSTITUTED WITH THE NAME OF PRESENT PRESIDENT AS PER THE ORDER DTD.01/08/2019 IN I.A.3/2019 2 PARAMESWARAN, 29 YEARS, S/O.CHOZHIYATH AYYAPPAN, RESIDING AT CHOZHIYATH HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 3 KUMARAN, 34 YEARS S/O.AMBALAM PARAMBIL NANU, RESIDING AT AMBALAM PARAMBIL HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 4 UDARAPPAN, 64 YEARS, S/O.VAKKATT PADI UDARAPPAN, RESIDING AT VAKKATT PADI HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 5 AYYAPPAN, 66 YEARS S/O.KAITHAKUZHIYIL KUPPA, RESIDING AT KAITHAKUZHIYIL HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. RSA.No.1144 OF 2011 2 6 CHOZHI, 69 YEARS, S/O.ANTHOORA VALAPPIL, AYYAPPAN, RESIDING AT ANTHOORA VALAPPIL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 7 KUMARAN, 39 YEARS, S/O.KANDAPULLI VELAYI, RESIDING AT KANDAPULLI VELAYI HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 8 VAKKATT UDHARAPPAN MOORTHY TEMPLE, COMMITTEE TREASURER, VAKKATT PARAMBIL PANANGADAN, S/O.CHATHA, RESIDING AT VAKKATT PARAMBIL, PALLIKKARA AMSOM DESOM, PONNANI TALUK. 9 VAKKATT UDHARAPPAN, MOORTHY TEMPLE COMMITTEE VICE-PRESIDENT, MOOCHIKOTTATHIL MOHANAN, S/O.UDHARAPPAN, RESIDING AT MOOCHIKOTTATHIL, PALLIKKARA AMSOM DESOM, PONNANI TALUK. 10 VAKKATT UDHARAPPAN, MOORTHY TEMPLE COMMITTEE SECRETARY, M.V.MOHANAN,, S/O.UDHARAPPAN, RESIDING AT MOOCHIKOTTATHIL, PALLIKKARA AMSOM DESOM, PONNANI TALUK. BY ADVS. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENTS/APPELLANTS 1 TO 4 AND RESPONDENTS 1,5 & 10/PLAINTIFFS 1 TO 4 AND DEFENDANTS 1,5 AND 10: 1 MADHAVAN NAMBOODIRI 52 YEARS, S/O.VAKKATT MANAKKAL, ASHTAMOORTHI NAMBOODIRI,, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK-670 008. 2 VAKKATT MANAKKAL MADHAVAN NAMBOODIRI'S CHILDREN, ASHTAMOORTHI, 27 YEARS, RESIDING AT VAKKATT MANAKKAL HOUSE, PALLIKKARA, AMSOM DESOM, PONNANI TALUK. 3 SREEDEVI, 24 YEARSM DO.MADHAVAN NAMBOOTHIRI, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK. 4 VAKKATT MANAKKAL MADHAVAN NAMBOODIRI'S WIFE WIFE, PARVATHI ANTHARJANAM, 48 YEARS, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK. RSA.No.1144 OF 2011 3 *5 HARIDASSAN NAIR, 54 YEARS,S/O.KUNDULLI KUNHUKUTTY @ THANKAMMU AMMA, RESIDING AT VAKKATT MANAKKAL HOUSE,, PALLIKKARA AMSOM DESOM, PONNANI TALUK. (DELETED) (REINSTATED) *6 RAJAN, 31 YEARS, S/O.AMBALAM PARAMBIL PARANGODAN, RESIDING AT, VAKKATT MANAKKAL HOUSE, PALLIKKARA AMSOM DESOM, PONNANI TALUK. (DELETED) (REINSTATED) (THE 5TH AND 6TH RESPONDENT ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 13.01.2012 IN IA.105/2012) (THE ORDER ON IA.105/2012 DATED 13.01.2012 IS REVIEWED AND THE 5TH AND 6TH RESPONDENT REINSTATED TO THE PARTY ARRAY AS PER ORDER DATED 01.02.2012 IN IA.371/2012.) *7 AS THE VAKKATT UDARAPPAN MOORTHI TEMPLE COMMITTEE OFFICE BEARERS AND ALSO AS REPRESENTING THE GENERAL PUBLIC HAVING SAME, INTEREST-VAKKATT UDARAPPAN MOORTHI TEMPLE, COMMITTEE SECRETARY, KAITHAKUZHIYIL MANI, 49 YEARS, S/O.KUPPA.(DIED) (DELETED) (THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS/APPELLANTS AS PER ORDER DATED 01.02.2012 IN IA.372/2012) R1,R2 & R4 BY ADV. SRI.T.KRISHNANUNNI (SR) R1 TO R4 BY ADV. SRI.JAMSHEED HAFIZ R5 & R6 BY ADV. SRI.T.K.VIPINDAS THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA.No.1144 OF 2011 4 JUDGMENT The appellants and the counsel remained absent. There was no representation. The appeal is of the year 2011. Two postings were given in this year for final argument. As such, this court has no other option, but to dismiss the appeal for non prosecution. The appeal is dismissed for non prosecution. Sd/- P.SOMARAJAN JUDGE msp //TRUE COPY// P.A. TO JUDGE