Disposed

Kuttiyattoor Grama Panchayat v. C.Kalliani

Kerala HC12 Jun 2012RSA/736/2005

Case brief

AI extract

What is this about?

In this second appeal, the High Court accepted a registered compromise filed by the parties. Consequently, the appeal and the lower court judgments were disposed of based on the compromise, with the suit being dismissed in accordance with the settlement.

What did the court decide?

Compromise accepted; second appeal disposed of; compound decree issued setting aside lower judgments and dismissing the suit as per terms of settlement.

Kuttiyattoor Grama Panchayat Vs C.Kalliani — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934

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RSA.No. 736 of 2005 ( )

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AS.53/2002 of ADDL.SUB COURT, THALASSERY OS.210/1998 of ADDL.MUNSIFF COURT, KANNUR

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APPELLANT(S)/RESPONDENT/PLAINTIFF:

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KUTTIYATTOOR GRAMA PANCHAYAT

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P.O. KUTTIYATTOR, KUTTIYATTOOR AMSOM DESOM, REPRESENTED BY ITS SECRETARY.

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BY ADV.SRI.A.MOHAMED MUSTAQUE

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RESPONDENT(S)/APPELLANT/DEFENDANT::

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CHETTIYAMKANDY KALLIANI, D/O.MADHAVI, AGED 55 YEARS, NO OCCUPATION, RESIDING AT KUTTIYATTOOR AMSOM, PAZHASSI DESOM, ETTEUAR, NEAR 9TH MILE TODDY SHOP, P.O. POOVANNOORMOTTA, KANNUR DIST.

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BY ADV. SRI.N.NAGARESH BY ADV. SRI.K.BABU

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 12-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOMAS P. JOSEPH, J.

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-------------------------------------R.S.A. No.736 of 2005 & I.A.No.1427 of 2012 -------------------------------------Dated this the 12^th day of June, 2012. JUDGMENT

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This Second Appeal arises from the judgment and decree of learned Additional Sub Judge, Thalassery in A.S.No.53 of 2002 reversing the judgment and decree of learned Additional Munsiff, Kannur in O.S.No.210 of 1998. The first appellate court by its judgment and decree has dismissed the suit. Hence this Second Appeal at the instance of the appellant/plaintiff.

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It is submitted by learned counsel on both sides that parties have settled the dispute and filed I.A.No.1427 of 2012 to record compromise and dispose of the appeal in terms of that.

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I have heard learned counsel on both sides and gone through I.A.No.1427 of 2012 in R.S.A.No.736 of 2005. It is seen that I.A.No.1427 of 2012 is signed by the parties and their counsel. Hence I am inclined to allow the request.

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Resultantly this Second Appeal is disposed of as under:

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i. Compromise vide I.A.No.1427 of 2012 in R.S.A.No.736 of 2005 is accepted and recorded.

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R.S.A. No.736 of 2005 & I.A.No.1427 of 2012 2

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ii. Judgment and decree of learned Additional Sub Judge, Thalassery in A.S.No.53 of 2002 and of learned Additional Munsiff , Kannur in O.S.No.210 of 1998 are set aside.

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iii. O.S.No.210 of 1998 is dismissed as settled in terms of the

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compromise.

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iv. The compromise shall form part of the decree of this Court.

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All pending interlocutory applications will stand dismissed.

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THOMAS P.JOSEPH, Judge.

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cks

Kuttiyattoor Grama Panchayat v. C.Kalliani

Case brief

What is this about?

What did the court decide?

Kuttiyattoor Grama Panchayat v. C.Kalliani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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