The First Regular Appeal was dismissed as settled out of court following the appellants' counsel submitting a memo stating that disputes between the parties were settled and the appeal was not pressed.
Both Regular First Appeals (Nos. 40/2004 and 233/2006) were dismissed as settled out of court.
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 K.T.SANKARAN &
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY, THE 18TH DAY OF NOVEMBER 2014/27TH KARTHIKA, 1936
RFA.No. 40 of 2004 (D)
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2002 IN O.S.NO.258/1999 OF THE PRINCIPAL SUB COURT, KOZHIKODE
APPELLANTS/DEFENDANTS 1 TO 3 & 5, D4 DIED:
RESPONDENTS/PLAINTIFFS:
RFA.No. 40 of 2004 (D)
:: 2 ::
RFA.No. 40 of 2004 (D)
:: 3 ::
THE CAUSE TITLE IS AMENDED BY ADDING “DIED” AFTER THE NAMES OF R9 AND R12 AS PER THE ORDER DATED 25.11.2004 IN I.A.NO.4062/2004.
R1,3,6,7,13,15, 18 TO 23, 25 & 26 BY ADV. SRI.A.ANTONY
BY ADV. SMT.LEELAMMA ANTONY
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 18.11.2014, ALONG WITH RFA.NO.233/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.A.NO.240/2004 IN R.F.A.NO.40/2004
DISMISSED
SD/- K.T.SANKARAN, JUDGE
18/11/2014
SD/- P.D.RAJAN, JUDGE
//TRUE COPY//
AHZ/
K.T.SANKARAN & P.D.RAJAN, JJ.
----------------------------------------------------
R.F.A. NO. 40 OF 2004 (D) and R.F.A. NO.233 OF 2006 (F)
---------------------------------------------------Dated this the 18th day of November, 2014
JUDGMENT
K.T.Sankaran, J.
Learned counsel for the appellants in R.F.A.No.40 of 2004 filed a memo dated 4.11.2014 stating that the disputes between the parties were settled and the appellants have agreed to withdraw the appeal as not pressed.
In the memo it is stated that the judgment impugned in the appeals is a common judgment in O.S.Nos.258 of 1999 and 76 of 2000 on the file of the Sub Court, Kozhikode. R.F.A.No.40 of 2004 is filed against the judgment and decree in O.S.No.258 of 1999. A.S.No.62 of 2003 was filed by the plaintiffs in O.S.No.76 of 2000, before the District Court, Kozhikode. The appeal pending before the District Court was transferred to this Court and it was renumbered as R.F.A.No.233 of 2006.
R.F.A.NOs.40/2004 and 233/2006
:: 2 ::
In view of the memo dated 4.11.2014, both the appeals are
dismissed as settled out of Court. Send back the records.
(K.T.SANKARAN) Judge
(P.D. RAJAN) Judge
ahz/
The figures shown as “2 of 2003” occurring in the 5th line of paragraph 2 of the common judgment dated 18/11/2014 in R.F.A.Nos.40/2004 and 233/2006 are corrected and substituted as “62 of 2003”, vide common order dated 04/02/2015 in R.F.A.Nos.40/2004 and 233/2006.
Sd/Registrar (Judicial)
Malathy Amma
Sheela
Vinod Kumar
Unnikrishnan
P.V.Vasanthakumari
P.V.Devanandan
K.T.Sankaran
P.D.Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
