Allowed

M.a.Abraham @ Avira Abraham v. P.K.Mathew

Kerala HC12 Dec 2014RFA/646/2004

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application to record a compromise in a partition suit appeal. The court disposed of the appeal based on the settlement terms agreed between the parties regarding land possession and monetary shares, which supersede the original trial court decree.

What did the court decide?

The appeal is disposed of as settled. The compromise agreement terms supersede the earlier decree, and the agreement plan is appended.

M.a.Abraham @ Avira Abraham Vs P.K.Mathew — Partition | Kerala HC (2014)

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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 T.R.RAMACHANDRAN NAIR &

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 12TH DAY OF DECEMBER 2014/21ST AGRAHAYANA, 1936

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R.F.A.No. 646 of 2004 (E)

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(AGAINST THE JUDGMENT AND DECREE IN O.S.NO. 38/1997 OF SUB COURT, KATTAPPANA DATED 04-03-2004)

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APPELLANT(S)/3RD DEFENDANT:

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M.A.ABRAHAM @ AVIRA ABRAHAM, MADATHINAKATHUM, PARATHODE P.O., VIA KANJIRAPPALLY-686 512.

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BY ADV. SRI.S.K.MURALEEDHARA KAIMAL

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RESPONDENT(S)/PLAINTIFFS 1 AND 2 AND DEFENDANTS 2, AND 4 TO 7:

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P.K.MATHEW, S/O. KUNCHERIA, AGED 42 YEARS, ADVOCATE, PUTHENPURACKAL, SANANTHANAM WARD, ALAPPUZHA.

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N.NEELAKANTAN, AGED 42 YEARS, S/O.N.NARAYANASWAMI, KIZHAKKE MADOM, BOAT JETTY ROAD, ALAPPUZHA.

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RESPONDENTS 1 AND 2 REP. BY THEIR POWER OF ATTORNEY HOLDER ANANTHAN PILLAI, S/O.KUMARAN PILLAI, KOTTARATHIL HOUSE, MURIKKADI P.O., VIA KUMILY.

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M.A.HARIHAR, S/O.LATE ANANTHASIVAN, AGED 51 YEARS, T.CNO.39/12, HIMAGIRI, VRINDAVAN GARDEN CHALAI P.O., THIRUVANANTHAPURAM.

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VIJAYA SUBRAMANIAN, W/O.SUBRAMANIYAN, VRINDAVAN GARDEN, CHALAI P.O., THIRUVANANTHAPURAM.

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VASANTHA GANAPATHI, D/O.DO.

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LALITHA MOTHI, D/O.LATE ANANTHASIVAN, FACT TOWNSHIP, ALUVA.

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R.F.A No.646 of 2004

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MAHALEKSHMI, SUDARSAN, 3300-25, COTTON HILL, DIVA, N.C.27612. (RESPONDENTS 4 TO 7 THROUGH THEIR POWER OF ATTORNEY M.A.HARIHAR (3RD RESPONDENT AND PERSONALLY TO THE 3RD DEFENDANT AS FURNISHED ABOVE)

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R1 & R2 BY ADV. SRI.C.K.VIDYASAGAR

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ADV. SRI.P.CHANDY JOSEPH

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THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.T.O.

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T.R.RAMACHANDRAN NAIR

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P.V.ASHA, JJ.

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R.F.A No.646 of 2004

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Dated this the 12^th day of December, 2014

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JUDGMENT

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Ramachandran Nair, J.

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This appeal is from the judgment and decree in O.S.

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No.38/1997 of Sub Court, Kattappana. The appellant herein is the third defendant in the suit.

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I.A. No.2719/2014

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This petition is filed under Order 23, Rule 1 of the

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Code of Civil Procedure to record the compromise.

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We allow this I.A. and dispose of the appeal as settled

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between the parties. The terms of agreement will form part of

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the judgment and decree in supersession of the decree already passed by the trial court.

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We notice from paragraph 3 of the petition that Shri N.Neelakantan (Respondent No.2) has taken possession of eight acres of land and the possession of the remaining land is

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with the appellant, as per the plan. Shri P.K.Mathew

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R.F.A No.646 of 2004

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(Respondent No.1) has received Rs. Ten lakhs in respect of his

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share. The same is recorded. The plan which is produced along with the compromise petition will be appended to the decree.

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Sd/-

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T.R.RAMACHANDRAN NAIR JUDGE

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Sd/- P.V.ASHA JUDGE

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//true copy//

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P.S. To Judge

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St/

M.a.Abraham @ Avira Abraham v. P.K.Mathew

Case brief

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What did the court decide?

M.a.Abraham @ Avira Abraham v. P.K.Mathew

Case brief

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