This appeal concerns a dispute over boundary lines and a tree. The High Court Dismissed the Second Appeal after recording a compromise between the parties wherein the boundary was fixed and proceeds from the tree were shared.
Alternative Appeal dismissed after recording compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 5TH SEPTEMBER 2007 / 14TH BHADRA 1929
SA.No. 462 of 1995(G)
--------------------(AGAINST THE JUDGMENT AND DECREE IN AS.34/1992 OF SUB COURT, ERNAKULAM DATED 27/07/1994 IN OS.1052/1986 OF MUNSIFF'S COURT, ERNAKULAM DTD. 6/03/1992) ....................
SECOND APPELLANT:RESPONDENT:DEFENDANT:
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PURUSHOTHAMAN, S/O.AYYAPPAN, KOTHATTU HOUSE, SOUTH PARUR, MANAKUNNAM VILLAGE, KANAYANNUR TALUK. ( D I E D)-
*LR'S IMPLEADED:
BY ADV. SRI.S.SREEKUMAR (ADDL.APPELLANT 2 TO 5)
Kss
..2/-
..2....
S.A.NO.462/1995
RESPONDENT:APPELLANT:PLAINTIFF:
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KOUSALYA, W/O.LATE VELAPPAN, KANDASSERIL HOUSE, SOUTH PARUR, MANAKKUNNAM VILLAGE, KANAYANNUR TALUK.
BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
ORDER ON C.M.P.NO.1205/1995 IN S.A.NO.462/1995
DISMISSED
5/09/2007
SD/- M.SASIDHARAN NAMBIAR,JUDGE
/TRUE COPY/
P.A.TO JUDGE
Kss
M.SASIDHARAN NAMBIAR,J.
S.A.NO.462 OF 1995 -----------------------------------------Dated 5th September 2007
J U D G M E N T
Defendant in O.S.1052 of 1986 on the file
of Munsiff court, Ernakulam is the appellant and respondent, the plaintiff. On the death of appellant his wife and children were impleaded as additional appellants 2 to 5 being his legal heirs. Additional appellants along with respondent jointly filed I.A.1555 of 2007 to record the compromise stating as per mediation they have settled the dispute and boundary was fixed and disputed tree was cut and its proceeds equally appropriated. They sought to dispose the appeal after recording the compromise. Parties and their counsel have signed in the compromise petition.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
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M.SASIDHARAN NAMBIAR,J.
JUDGMENT
S.A.NO.462 OF 1995
5th September
2007
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Mani Purushothaman
Ajay Purushothaman
Hema Latha
Unni
Kousalya
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
