The High Court of Kerala disposed of an Execution Second Appeal arising from a dispute regarding mesne profits assessment. The appellant sought permission to withdraw the appeal without prejudice to future rights, which was allowed.
Appeal dismissed as withdrawn; permission granted to withdraw without prejudice.
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 THOMAS P.JOSEPH
TUESDAY, THE 10TH DAY OF APRIL 2012/21ST CHAITHRA 1934
Ex.SA.No. 7 of 2012 ()
AS.NO.103/2007 OF II ADDL.DISTRICT COURT, PALAKKAD EP.2/1996 IN O.S.NO.59/1972 OF PRINCIPAL SUB COURT,PALAKKAD
APPELLANT(S):APPELLANT/RESPONDENTS:
1. SUKUMARAN,S/O.LATE VELLAPPAN, AGED 65 YEARS, PAZHANIYAR PALAYAM, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.
2. VASUDEVAN, S/O.LATE VELLAPPAN, AGED 70 YEARS, PAZHANIYAR PALAYAM, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.
3. SUDEVAN, S/O.LATE VELAPPAN, AGED 58 YEARS, NANDINI STORE, MELAMKURI, KOPPAM AMSOM, PALAKKAD.
4. KALADHARAN, S/O.LATE VELAPPAN, AGED 50 YEARS, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT.
5. PAPPATHI, D/O.LATE VELAPPAN, AGED 49 YEARS, VALAYAKKARANCHALA, VADAKARAPATHI, CHITTUR TALUK, PALAKKAD DISTRICT.
6. SULOCHANA, W/O.VASU, AGED 59 YEARS, GOKULA NAGAR, CHITTUR TALUK, PALAKKAD DISTRICT.
7. DEVU ALIAS DEVAKI, W/O.LATE KITTUNNI, AGED 65 YEARS, MENONPARA, VADAKARAPATHI, CHITTUR TALUK, PALAKKAD DISTRICT.
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Kss
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EX.S.A.NO.7/2012
8. BABU, S/O.KITTUNNI, AGED 37 YEARS, MENONPARA, VADAKARAPATHI, CHITTUR TALUK, PALAKKAD DISTRICT.
9. KUTTAN ALIAS SATHESH, S/O.KITTUNNI, AGED 31 YEARS, MENONPARA, VADAKARAPATHI, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA
RESPONDENT(S):RESPONDENT/2ND PETITIONER:
PARASIKAL SATHRAM TRUST, POLIPPARA, VADAKARAPATHI VILLAGE, CHITTUR TALUK - 678 101,REPRESENTED BY MANAGER, M.MUTHUSWAMY, S/O.ABRAHAM.
THIS EXECUTION SECOND APPEAL HAVING COME UP FOR ADMISSION ON 10-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
THOMAS P.JOSEPH, J.
==================================== Ex.S.A. No.7 of 2012
==================================== Dated this the 10th day of April, 2012
J U D G M E N T
This Execution Second Appeal arises from the judgment and decree of learned Second Additional District Judge, Palakkad in A.S. No.103 of 2007 preferred against the order passed by the learned Principal Sub Judge, Palakkad on 15.12.2006 on E.P. No.2 of 1996 in the course of executing the decree in O.S. No.59 of 1972.
Ex.S.A. No.7 of 2012
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assessed mesne profits (allegedly) payable to the respondent. Based on that report executing court passed order on 15.12.2006. Appellants challenged that order in A.S. No.103 of 2007.
Ex.S.A. No.7 of 2012
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appeal for some time sought permission to withdraw the appeal without prejudice to the right of appellants to challenge the order of executing court in other appropriate proceedings.
Resultantly, the Execution Second Appeal is dismissed as withdrawn without prejudice to other rights if any, of the appellants to challenge the order passed by the executing court in other appropriate proceeding.
Registry is directed to return the documents produced along
with this appeal to the learned counsel on request.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether the Execution Second Appeal is maintainable in this case.
Whether permission to withdraw the appeal without prejudice should be granted.
1 provisions across 1 enactments
Sukumaran
Vasudevan
Parasikal Sathram Trust
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
