Appeals filed against civil decrees were disposed of based on a compromise agreement filed by the parties during pendency, settling all disputes between them entirely.
The appeals were disposed of in terms of the compromise agreement; appellants entitled to refund of one half of the court fee.
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 KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930
RFA.No. 255 of 2004() --------------------OS.74/1995 of SUB COURT, HOSDURG. ....................
(S): APPELLANT/PLAINTIFF
--------------------------------------MADATHATT VEETTIL ROSAMMA, D/O. MADATHATT JOSEPH AND ELEY, CHRISTIAN, HEALTH SUPERVISER, RESIDING AT KUNNUMKAI, BHEEMAMADY, KASARAGOD DISTRICT. (DIED. LEGAL REPRESENTATIVES IMPLEADED)
3.LEENA PHILIP, CHANAKAPARA, KUNNUMKAI, WEST ELERI P.O., KASARAGOD DIST.
4.SAJU PHILIP, CHALEPOIKA, KUNNUMKAI, WEST ELERI P.O., KASARAGOD DIST. (ADDL. APPELLANTS ARE IMPLEADED AS PER ORDER DATED 3.6.2008 IN I.A.1812/08)
BY ADV. SRI.K.G.PAVITHRAN SRI.P.P.MATHEW
RESPONDENT(S): DEFENDANTS
ADV. SRI.M.GOPIKRISHNAN NAMBIAR FOR R1,2&3
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, ALONG WITH RFA NO.52 OF 2007 RFA NO. 51 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
R.F.A. Nos.255/04, 51/07 & 52/07
Dated 16th December, 2008. J U D G M E N T
Kurian Joseph, J.
All these appeals arise from the common judgment dated 4.2.2004 in O.S.Nos.74/95, 48/98 and 36/03 respectively on the file of the Sub Court, Hosdurg. During the pendency of the appeals, it is seen that the parties have entered into a compromise, settling the entire disputes, and they have filed I.A.5228/08 incorporating the terms of compromise. The appeals are hence disposed of in terms of the compromise as set out in I.A.5228/08. The said interlocutory application and the plan attached to the said application shall form part of the decree. In view of the disposal of the appeals as compromised between the parties, the respective appellants shall be entitled to refund of one half of the court fee.
I.A.1516/04 in RFA 255/04 : Dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH &
K.T.SANKARAN, JJ
R.F.A. Nos.255/04, 51/07 & 52/07
J U D G M E N T
Dated 16th December, 2008.
MADATHATT VEETTIL ROSAMMA OR REPS
MADATHATT VEETIL THOMAS
MADATHATT VEETIL THRASSIAMMA
MADATHATT VEETIL JOSEPH
MADATHATT VEETIL SEBASTINE
MADATHATT THOMAS
KURIAN JOSEPH
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
