This judgment disposes of a regular second appeal as set. The appellant counsel submitted a memo reporting payment of amounts per a settlement agreement, which was recorded. Consequently, the appeal was disposed of as settled, with the agreement forming part of the judgment record.
Settlement agreement accepted; appeal disposed of as settled.
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 N.K.BALAKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2014/26TH POUSHA, 1935
RSA.No. 614 of 2013 (F)
AGAINST THE JUDGMENT IN AS 35/2011 of DISTRICT COURT, THODUPUZHA DATED 23-05-2012
AGAINST THE JUDGMENT IN OS 320/2008 of MUNSIFF COURT, THODUPUZHA DATED 09-12-2010
APPELLANTS/DEFENDANTS 7 AND 9:-:
1. JOSE, AGED 57 YEARS S/O.JOHN, MEMANA (H), KUNINJI KARA PURAPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
2. BABY, AGED 52 YEARS S/O.JOHN, MEMANA (H), KUNINJI KARA PURAPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.P.A.ISMAIL SRI.DIPU JAMES
RESPONDENTS/PLAINTIFF NO.1 AND DEFENDANTS:-:
1. K.G.KRISHNAKUMAR, AGED 50 YEARS S/O.GOPINATHAN NAIR, KRISHNAVILASAM (H) VAZHITHALA KARA, PURAPUZHA VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT - 685 583.
2. JOSEPH,, AGED 74 YEARS S/O.OUSEPH, MEMANA HOUSE, KUDAYATHOOR KARA KUDAYATHOOR VILLAGE, THODUPUZHA TALUK - 685 590.
3. ALEYUKTTY JOHN,, AGED 78 YEARS (REMOVED) W/O.JOHN, MEMANA (PUTHENPURACKAL)KUNINJI P.O. PURAPPUZHA VILLAGE - 685 583.
4. ANEY MEMANA SABS,, AGED 62 YEARS (REMOVED) ARADHANA BHAVAN, C/O.MOUNT CARMEL SCHOOL, BHUNGA P.O. HOSHIERPUR DISTRICT, PUNJAB - 144 210.
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RSA.No. 614 of 2013 (F)
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5. KUTTIYAMMA,, AGED 61 YEARS (REMOVED) W/O.JOY, KALLOLICAKAL HOUSE, MANNACKANAD P.O. MARANGATTUPALLY, MEENACHIL TALUK KOTTAYAM DISTRICT - 686 633.
6. JESSY,, AGED 59 YEARS (REMOVED) W/O.JOSEPH, KIZHAKKEMUKALEL HOUSE, KAKKOOR P.O KOOTHATTUKULAM, ERNAKULAM DISTRICT - 686 662.
7. LEELAMMA,, AGED 55 YEARS (REMOVED) W/O.SEBASTIAN, KUZHIKOMBIL (H), VIMALAGIRI P.O. THANKAMANI VILLAGE - 670 645.
8. LISSY,, AGED 49 YEARS (REMOVED) W/O.LATE JOSE, NEDUVELIL (H), KIZHAKOMBU P.O. ERNAKULAM - 683 562.
9. MINI,, AGED 47 YEARS (REMOVED) W/O.JACOB, MILLIL HOUSE, KIZHAKOMBU P.O. ERNAKULAM DISTRICT - 683 562.
RESPONDENTS 3 TO 9 ARE REMOVED FROM THE PARTY ARRAY AS PER ORDER IN I.A. NO.162/2014 DATED 16.1.2014
R1 BY ADVS. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 16-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
R.S.A. No. 614 of 2013
Dated this the 16th day of January, 2014
J U D G M E N T
Learned counsel for the 1st respondent submits that
memo has been filed reporting payment of the amount as per the settlement agreement. The settlement agreement
and memo are recorded.
Hence, this Regular Second Appeal is disposed of as settled. The settlement agreement will form part of the judgment.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
Jose
Baby
K.G. Krishnakumar
N.K. Balakrishnan
As recorded by the court registry
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