CR IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE 27 TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 RSA NO. 549 OF 2011 AGAINST THE JUDGMENT & DECREE DATED 21.12.2010 IN AS NO.31 OF 2009 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR ARISING OUT OF THE JUDGMENT & DECREE DATED 29.10.2008 IN OS NO.201 OF 2006 OF MUNSIFF COURT, NORTH PARAVUR APPELLANTS/RESPONDENTS/PLAINTIFFS:

1 THANKAPPAN, (DIED)

AGED 59 YEARS, NIKATHIL,KUTTAPLACKAL HOUSE, EZHIKKARA, THEKKUMBHAGAM KARA,EZHIKKARA VILLAGE, PARVOOR TALUK.

2 OMANA AGED 46 YEARS W/O.THANKAPPAN, KUTTAPLAKKAL HOUSE,, EZHIKKARA, THEKKUMBHAGAHOM KARA, EZHIKKARA VILLAGE, PARAVOOR VILLAGE.

ADDL.A3 RAMAKRISHNAN, AGED 32 YEARS, S/O.LATE THANKAPPAN, ,KUTTAPPAKKAL HOUSE, NOW RESIDING AT NIKATHIL HOUSE, EZHIKKARA, PARVOOR TALUK, ERNAKULAM DISTRICT.

ADDL.A4 RIJITHA, AGED 30 YEARS, D/O.LATE THANKAPPAN AND W/O.ANEESH, VARIYATH HOUSE, ADUVASSERY P.O., PARVOOR TALUK.

ADDL.A5 UNNIKRISHNAN, AGED 26 YEARS, S/O.LATE THANKAPPAN, ,KUTTAPPAKKAL HOUSE, NOW RESIDING AT NIKATHIL HOUSE, EZHIKKARA, PARVOOR TALUK, ERNAKULAM DISTRICT.

(THE LEGAL HEIRS OF DECEASED APPELLANT NO.1 ARE IMPLEADED AS ADDL.APPELLANTS 3 TO 5 AS PER THE ORDER DATED 11.07.2019 IN IA.4/2019.)

BY ADV SRI.K.P.MAJEED SRI. T.H ABDUL AZEEZ RESPONDENTS/APPELLANTS/DEFENDANTS:

1 RAJAN,(DIED) LEGAL HEIRS IMPLEADED AGED 50 YEARS, S/O.ANDREWS, ERALIL HOUSE, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE, PARAVOOR TALUK-683 513, P.O.EZHIKKARA.

2 VANITHA, AGED 40 YEARS, W/O.RAJAN ERALIL HOUSE, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE, PARAVOOR TALUK-683 513,P.O.EZHIKKARA.

ADDL.R3 RAMEES, AGED 23 YEARS S/O.RAJAN, ERALIL HOUSE, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE, PARAVOOR TALUK.

ADDL.R4 ALEENA, AGED 11 YEARS (MINOR),D/O.RAJAN, ERALIL HOUSE, THEKKUMBHAGAM KARA,, EZHIKKARA VILLAGE, PARAVOOR TALUK.(REPRESENTED BY HER MOTHER VANITHA-2ND RESPONDENT)

LEGAL HEIRS OF DECEASED RESPONDENT NO.1 ARE IMPLEADED AS ADDL.RESPONDENTS 3 AND 4 AS PER ORDER DATED 18.11.2019 IN IA.1/2019)

R2 BY ADVS.

JOHN VIPIN S.REKHA KUMARI SHAIJAN C.GEORGE SAJITHA GEORGE THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24.01.2025, ALONG WITH RSA.569/2011, THE COURT ON 27.01.2025 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM MONDAY, THE 27 TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 RSA NO. 569 OF 2011 AGAINST THE JUDGMENT&DECREE DATED 21.12.2010 IN AS NO.30 OF 2009 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR ARISING OUT OF THE JUDGMENT & DECREE DATED 29.10.2008 IN OS NO.252 OF 2006 OF MUNSIFF COURT, NORTH PARAVUR APPELLANTS/RESPONDENTS/DEFENDANTS:

1 OMANA THANKAPPAN AGED 46 YEARS, W/O.THANKAPPAN, KUTTAPLAKKAL HOUSE,, EZHIKKARA, THEKKUMBHAGOM KARA,, EZHIKKARA VILLAGE, PARAVOOR VILLAGE.

2 THANKAPPAN,(DIED)

AGED 59 YEARS, NIKATHIL, KUTTAPLACKAL HOUSE,, EZHIKKARA, THEKKUMBHAGAM KARA,, EZHIKKARA VILLAGE, PARAVOOR TALUK. (

LEGAL HEIRS IMPLEADED) ADDL.A3. RAMAKRISHNAN AGED 32 YEARS, S/O.LATE THANKAPPAN, KULLAPPAKKAL HOUSE, NOW RESIDING AT NIKATHIL HOUSE EZHIKKARA, PARAVOOR TALUK, ERNAKULAM DISTRICT.

ADDL.A4. RIJITHA AGED 30 YEARS, D/O.LATE THANKAPPAN, W/O.ANEESH, VARIYATH HOUSE, ADUVASSERY P.O., PARAVOOR TALUK.

ADDL.A5. UNNIKRISHNAN AGED 26 YEARS, S/O.LATE THANKAPPAN, KULLAPPAKKAL HOUSE, NOW RESIDING AT NIKATHIL HOUSE EZHIKKARA, PARAVOOR TALUK, ERNAKULAM DISTRICT. LEGAL HEIRS OF DECEASED 2ND APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 3 TO 5 AS PER ORDER DATED

14/06/2019 IN IA.NO.1/2019.

BY ADV SRI.K.P.MAJEED SRI.T.H. ABDUL AZEEZ RESPONDENTS/APPELLANTS/PLAINTIFF:

1 ANTONY @ RAJAN,(DIED)

AGED 46 YEARS, S/O.ANDREWS, ERALIL HOUSE,, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE,, PARAVOOR TALUK.

ADDL.R2 VANITHA, AGED 40 YEARS, W/O.RAJAN, ERALIL HOUSE, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE,, PARAVOOR TALUK.

ADDL.R3 RAMEES, AGED 23 YEARS, S/O.RAJAN, ERALIL HOUSE,, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE,, PARAVOOR TALUK.

ADDL.R4 ALEENA, AGED 11 YEARS, (MINOR),D/O.RAJAN, ERALIL HOUSE,, THEKKUMBHAGAM KARA, EZHIKKARA VILLAGE,, PAR