Appeal disposed off accepting the settlement arrived at by the parties in mediation. The mediation agreement formed part of the decree.
Appeal disposed accepting the settlement arrived at by parties in mediation.
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 S.S.SATHEESACHANDRAN
TUESDAY, THE 7TH DAY OF JANUARY 2014/17TH POUSHA, 1935
AS.No. 398 of 1994 ( )
AGAINST THE JUDGMENT IN OS 350/1991 of ADDITIONAL SUB COURT, N.PARUR ====================
APPELLANTS (DEFENDANTS 3 AND 5):
1. K.S.RAMA WARRIYAR, S/O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM NOW RESIDING AT C.C. 39/1649 KARUKAPPILLI WARRIAM ROAD, COCHIN - 16
2. PARVATHI ALIAS AMMINI WARRASYAR OF KARUKAPPILLI WARRIAM, D/O. MADHAVI WARRASSYAR OF KARUKAPPILLI WARRIAM -DO-DO- (DIED. LRS RECORDED)
BY ADVS.SRI.P.CHANDRASEKHAR SRI.M.HARISHARMA
RESPONDENTS (PLAINTIFFS 1 TO 5 AND DEFENDANTS 1,2 & 4):
1. SREE DEVI WARASSYAR, D/O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM RESIDING AT GEETHANJALI, THOTTAKKATTUKARA OLD DESOM ROAD, ALWAYE
2. SATHEE DEVI, D/O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM RESIDING AT C.C.39/2322, OPPOSITE TO AMBADY APARTMENT, WARRIAM ROAD, COCHIN-16
3. LATHA, D.O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM, RESIDING AT C.C.39/1649 KARUKAPPILLI, WARRIAM ROAD, ERNAKULAM, COCHIN-16
4. USHA, -DO-DO-
5. UMA, -DO-DO-
6. S. RAMA WARRIER, ADVOCATE, S/O. SOOLAPANI WARRIER, -DO- -DO- (DIED. LRS RECORDED AND IMPLEADED)
7. K.S. BALAKRISHNA WARRIER, S/O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM A.E., TELEPHONES, RESIDING AT AARATHI, PLOT NO.20 P.T.P. NAGAR, THIRUVANANTHAPURAM
A.S.NO. 398/1994
-2-
8. K.R. VIJAYAN, S/O. PARVATHI ALIAS AMMINI WARRASSYAR OF KARUKAPPILLI WARRIAM NEW CHELUR CHAMBERS, 1ST FLOOR RAVIPURAM ROAD, COCHIN-16 (DIED)
IT IS RECORDED THAT APPELLANTS, RESPONDENTS 1 TO 5, 7 AND 8 ARE THE LEGAL REPRESENTATIVES OF THE DECEASED R6 VIDE ORDER DATED 28.05.2007 ON I.A. NO. 3580/06
IT IS RECORDED THAT 8TH RESPONDENT DIED AND THE RESPONDENTS 1 TO 7 ALREADY IN PARTY ARRAY ARE HIS LEGAL REPRESENTATIVES AS PER ORDER DATED 7114 IN MEMO DATED 28.07.11 CF. NO. 4117/11
ADDITIONAL R9 IMPLEADED
THE LEGAL REPRESENTATIVE OF THE DECEASED R6 IS IMPLEADED AS ADDL.R9 VIDE ORDER DATED 28.05.2007 ON I.A. 3580/2006
IT IS RECORDED THAT THE 2ND APPELLANT AND 6TH RESPONDENT ARE DEAD AND THE 1ST APPELLANT AND RESPONDENTS 1 TO 5 AND 7 TO 8 ARE THEIR LEGAL HEIRS VIDE ORDER DATED 04.02.08 ON MEMO DATED 21.07.07 C.F. 2805/07
ADDITIONAL R10 TO R13 IMPLEADED
ADDL. R10 TO R13 IMPLEADED AS PER ORDER DATED 26.11.2010 IN I.A. NO. 4085/2010
ADDITIONAL R14 TO R29 IMPLEADED
A.S.NO. 398/1994
-3-
| R17. | SABU, S/O. VELAYUDHAN, THOPPUPARAMBIL KIZHAKKEPRAM, KOTTUVALLY VILLAGE PARUR TALUK, THATHAPPILLY P.O., PIN-683520 |
|---|---|
| R18. | SHAJITHA, W/O. ABDUL RAZAK, PALLATHUPARAMBIL NEERIKODE KARA, ALANGAD VILLAGE, PARUR TALUK NEERIKODE P.O., PIN-683511 |
| R19. | C.K. AHAMMED SIRAJUDEEN, S/O. KUNJUMOIDU ATHAS DAR-UL-SALAM LANE, SRM ROAD, KANAYANNUR TALUK PACHALAM P.O., PIN-682012 |
| R20. | V.M. ABBAS, S/O. MOHAMMED AMEEN VEMPADI EACHARANGADY LANE, ELAMKULAM VILLAGE KANAYANNUR TALUK, KALOOR P.O., PIN-682017 |
| R21. | SANTHOSH KUMAR, S/O. GANGADHARAN, MAYA MANDIR PUTHENVELIKKARA, THELATHURUTH KARA, CHERTHALA TALUK, KUTHIATHODU P.O., PIN-683594 |
| R22. | SANDHYAVU, S/O. YOHANNAN, PAZHANILATHU VISHNUPURAM, KANAYANNUR TALUKK CHERANALLOOR P.O., PIN-682034 |
| R23. | P.A. HARRIS, S/O. ABOOBACKER, PUTHENVEETTIL DESABHIMANI ROAD, ELAMAKKARA VILLAGE KANAYANNUR TALUK, ELAMAKKARA P.O., PIN-682026 |
| R24. | VIJU, S.O. SREEDHARAN, KIZHAKKEPRAM KARA KOTTUVALLY VILLAGE, PARUR TALUK THATHAPPILLI P.O., PIN-683520 |
| R25. | T.V. REMLA, W/O. SULAIMAN, MADAPATTU VEEDU PALARIVATTOM DESOM, POONITHURA VILLAGE KANAYANNUR TALUK, THAMMANAM P.O., PIN-682032 |
| R26. | DINU XAVIER, S/O. XAVIER, KALATHIL VEEDU, EDAPPALLY CHALIKKAVATTOM DESOM, POONITHURA VILLAGE VENNALA P.O., PIN – 682028 |
| R27. | ASLAM, S/O. A.K. SHAMSUDEEN, PADANILATHU VEEDU PALARIVATTOM DESOM, POONITHURA VILLAGE THAMMANAM P.O., PIN-682032 |
| R28. | THOMAS, S/O. VARGHESE, 19/135, THADIKKAL VEEDU KEDAMANGALAM MURI, PARUR VILLAGE PARUR TALUK, PARUR P.O., PIN-683513 |
| R29. | ELSI EENAZ, W/O. EENAZ, HOUSE NO. 16/120 GOTHURUTHU KARA, CHENDAMANGALAM VILLAGE PARUR TALUK, GOTHURUTHU P.O., PIN-683516 |
A.S.NO. 398/1994
-4-
ADDITIONAL R14 TO R29 IMPLEADED AS PER ORDER DATED 31.01.2011 IN I.A. NO. 111/11
ADDITIONAL R30 IMPLEADED
R30. K.V. POULOSE, S/O. VARGHESE, AGED 56 YEARS CONTRACTOR, KUNNEL HOUSE,KARUKAPPILLY KARA IKARANAD SOUTH VILLAGE, KUNNATHUNADU TALUK
ADDITIONAL R30 IMPLEADED AS PER ORDER DATED 15.03.2011 IN I.A. 4360/10
ADDITIONAL R31 IMPLEADED
R31. SMITHA PRABASH, W/O. PRABASH, AGED 27 THYPARAMBIL HOUSE, ELOOR SOUTH, ERNAKULAM DISTRICT
ADDITIONAL 31ST RESPONDENT IMPLEADED AS PER ORDER DATED 20.03.2012 IN I.A.NO. 1516/11
R1-R5 BY ADV. SRI.N.SUKUMARAN (SR.) R6 BY ADV. SRI.P.V.SUBRAMONIAN NAMBOODIRI R7 BY ADV. SRI.S.JAMES VINCENT BY ADV. SRI.P.VISWANATHAN ADV.COMMISSIONER ADDL.R10-R11 BY ADV. SRI.AMJAD ALI ADDL.R10-R11 BY ADV. SRI.MANSOOR.B.H. ADDL.R22 BY ADV. SRI.P.K.RAVI KRISHNAN ADDL.R18 & R19 BY ADV. SRI.N.M.MOHAMMED AYUB R16,R21,R23 TO R26 BY ADV. SRI.DINESH R.SHENOY R16,R21,R23 TO R26 BY ADV. SRI.G.HARIKRISHNAN (TRIPUNITHURA) R16,R21,R23 TO R26 BY ADV. SRI.MAHESH MENON R31 BY ADV. SRI.K.L.JOSEPH R31 BY ADV. SMT.P.SAREENA GEORGE R12,R13,R28,R30 BY ADV. SRI.P.P.THAMPI R1-R5 BY ADV. SRI.S.SHYAM ADDL.R9 BY ADV. SRI.T.KRISHNAN UNNI (SR.) ADDL.R9 BY ADV. SRI.SAJU.S.A
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SD
S.S. SATHEESACHANDRAN, J.,
A.S. No.398 OF 1994
Dated this the 7th day of January, 2014
JUDGMENT
Report received from Mediation Centre that parties have settled the matter. Memorandum of agreement entered by parties is also enclosed with the report. Parties have settled the disputes involved in the appeal and also another appeal pending before the Division Bench, is the submission of counsel on both sides.
Appeal is disposed accepting the settlement arrived at by parties in mediation. Agreement arrived in mediation by the parties shall form part of the decree.
Sd/-
S.S. SATHEESACHANDRAN
JUDGE
sd
// True Copy // P.A. to Judge
K.S.RAMA WARRIYAR
PARVATHI ALIAS AMMINI WARRASYAR
SREE DEVI WARASSYAR
SATHEE DEVI
LATHA
USHA
S.S. SATHEESACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
