Single judicial order where the High Court dismissed matrimonial appeals and a revision petition based on a submission that the parties had reached an out-of-court settlement regarding the underlying issues.
Appeal and revision petition dismissed on grounds of settlement.
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 PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 20TH DAY OF FEBRUARY 2013/1ST PHALGUNA 1934
Mat.Appeal.No. 267 of 2011
--------------------------------------[AGAINST THE JUDGMENT AND DECREE IN O.P.NO.885/2009 OF THE FAMILY COURT, MALAPPURAM]
APPELLANTS/RESPONDENTS:
1. K.P.ABDUL GAFOOR @ BAPPUTTY, S/O.YOUSUF (LATE), KAKKATUPARAMBIL HOUSE, MAMPRAPPADI KUNNAPPALLY P.O., PERINTHAL MANNA TALUK, MALAPPURAM DISTRICT.
2. FATHIMA, W/O.YOUSUF (LATE) RESIDING AT -DO-.
BY ADV. SRI.S.RAJEEV.
RESPONDENTS/ PETITIONERS:
1. SAJNA, D/O. USMAN, VARIKKODAN HOUSE, PUTHAN PALLI, CHEMMANIYODE P.O., PATTIKKAD VIA., MELATTUR VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-676 505.
2. FATHIMA FIDA, AGED 4 YEARS, D/O.SUJAN (MINOR), REP.BY GUARDIAN SANJA, RESIDING AT -DO- -676 505.
BY ADV. SRI.U.K.DEVIDAS.
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 20-02-2013, ALONG WITH R.P.(FC).NO. 282/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
MAT. APPEAL NO.267/2011:
APPENDIX
PETITIONERS' ANNEXURE:
ANNEXURE-I: TRUE COPY OF THE SETTLEMENT BETWEEN APPELLANT AND THE R.1.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
PIUS C. KURIAKOSE & P. D. RAJAN, JJ.
Mat. Appeal No.267 of 2011 & R. P. (FC) No.282 of 2010
Dated this the 20th day of February, 2013
JUDGMENT
Pius C. Kuriakose, J
Our judgment dated 13/02/13 closing the appeal and the RP(FC) are suo motu recalled. We dismiss the appeal and the RP(FC) on the basis that the issue between the parties
have already been settled between them out of court.
Sd/-
PIUS C. KURIAKOSE
JUDGE
Sd/P. D. RAJAN JUDGE
kns/-
//TRUE COPY//
P.A. TO JUDGE
-2-
-3-
PIUS C. KURIAKOSE & P. D. RAJAN, JJ.
-----------------------------------------------Mat. Appeal No.267 of 2011 & R. P. (FC) No.282 of 2010
Dated this the 13th day of February, 2013
JUDGMENT
Pius C. Kuriakose, J
It is submitted by the learned counsel for the appellants/petitioners that the issue between the parties in both these cases have been settled between them. The learned counsel for the respondent Sri.U.K.Devidas sought for a short time to seek instructions. We do not find any reason to doubt the correctness of the submission made by the learned counsel for the appellants/petitioners. We close these appeals for the time being. Post on 20/02/2013.
Sd/PIUS C. KURIAKOSE JUDGE
Sd/P. D. RAJAN
JUDGE
-4-
kns/-
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the matrimonial appeals and revision petitions be allowed in light of an alleged out-of-court settlement.
K.P.ABDUL GAFOOR @ BAPPUTTY & ANR.
SAJNA & ANR.
PIUS C. KURIAKOSE
P. D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
