On a compromise petition regarding a settled dispute, the High Court of Kerala allowed the appeal, set aside the judgments and decrees of the courts below, and passed a decree as per the compromise terms.
Appeal allowed; judgments and decrees of courts below set aside; decree passed per compromise terms; no order as to costs.
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 P.BHAVADASAN
MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932
RSA.No. 1386 of 2004()
---------------------AS.31/2000 of I ADDL. DISTRICT COURT, PALAKKAD OS.148/1997 of MUNSIFF'S COURT, ALATHUR
APPELLANT(APPELLANT/PLAINTIFF):
-------------------------------------------------------
RAJAGOPALAN, S/O. SUBRAMANIA PILLAI, RESDIING AT KIZHAKKETHARA, VANDAZHY AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.JOHN JOSEPH(ROY)
RESPONDENT(S): (RESPONDENTS/DEFENDANTS):
----------------------------------------------------------------------------
1. SUBRAMANIA PILLAI, S/O. PONNAN PILLAI, RESIDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT.
2. VELUMANI, S/O. SUBRAMANIA PILLAI, RESIDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT.
3. GOPALAKRISHNAN, S/O. SUBRAMANIA PILLAI, RESDING AT KIZHAKKETHARA, VANDAZHI AMSOM & DESOM, ALATHUR TALUK, PALAKKAD DISTRICT.
4. VELAYUDHAN, S/O. KUNJAN, RESDING AT MARUTHAMPADAM, VANDAZHI AMSOM, ALATHUR TALUK. (D I E D).
..2/-
Kss
..,2....
RSA.NO.1952/2006
5. SUSEELA, D/O. CHAMI PILLAI, RESDING AT KIZHAKKETHARA, VANDAZHI AMSOM, ALATHUR TALUK.
*ADDL.R6 TO R10 IMPLEADED:
SUPPLEMENTAL RESPONDENTS 6 TO 10 ARE RESIDING AT MARUTHAMPADAM HOUSE, VANDAZHI AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.
*ADDL.R6 TO R10 ARE IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED 4TH RESPONDENT AS PER ORDER DTD. 19/07/2010 IN IA.NO.1952/2006.
R1 TO R3 BY ADV. SRI.K.J.GEORGE KUNNUMPURATH, R5 , 6 & 9 BY ADVS. SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P., SRI.M.V.BIPIN.
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
ORDER ON I.A.NO.539/2007 IN RSA.NO.1386/2004
DISMISSED
19/07/2010
SD/- P.BHAVADASAN, JUDGE
/TRUE COPY/
P.A.TO JUDGE
Kss
P.BHAVADASAN, J.
RSA No.1386 of 2004-F ------------------------------------Dated 19th July 2010
Judgment
The learned counsel for the appellant has filed a compromise petition in which it is submitted that the dispute between the parties has been settled and a compromise has been signed by the parties. Therefore, it is prayed that the comprise may be accepted and a decree may be passed in terms of the compromise petition.
been filed. It is accepted. Accordingly, this appeal is allowed, the Judgment and decree of the courts below are set aside and a decree is passed as per the terms of the compromise petition. The terms of the compromise and the petition shall form part of the decree. There will be no order as to costs.
P.BHAVADASAN, JUDGE
sta
2
3
RAJAGOPALAN, S/O. SUBRAMANIA PILLAI
SUBRAMANIA PILLAI, S/O. PONNAN PILLAI
VELUMANI, S/O. SUBRAMANIA PILLAI
GOPALAKRISHNAN, S/O. SUBRAMANIA PILLAI
VELAYUDHAN, S/O. KUNJAN
SUSEELA, D/O. CHAMI PILLAI
P.BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
