The High Court of Kerala dismissed the regular first appeal because the parties successfully settled the matter out of court, rendering the appeal unnecessary.
The appeal is dismissed because the parties have settled the matter 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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937
RFA.No. 778 of 2009 ( )
AGAINST THE ORDER/JUDGMENT IN OS 222/2007 of ADDL.SUB COURT, THALASSERY DATED 11-02-2009
APPELLANT(S)/4TH DEFENDANT:
PUTHEN PURAYIL NADEER, S/O. LATE MOOSOOTTY, AGED 42 YEARS, HAMRYAH P.B.NO.840, POSTAL CODE 1131, SULTANATE OF OMAN, THROUGH P.A. HOLDER P.P. MUHAMMED S/O.T.K.C. KHADER, TAJ COTTAGE, KANNUR.
BY ADVS.SRI.N.NAGARESH SRI.K.BABU SRI.T.V.VINU
RESPONDENT(S)/PLAINTIFFS AND DEFENDATNS 1 TO 3 AND 5 TO 8:
1. P.M. ABDULLA, S/O. LATE RABIYA, AGED 62 YEARS, “SHIYAS VILLA”, ERANHOLI CHUNKAM, THALASSERY. 2. P.M. ZUHRA, D/O. LATE AYISHABI, AGED 60 YEARS, MALIYEKKAL HOUSE, AZHEEKKAL, NEW MAHE. 3. P.K. KHADEEJA, D/O. LATE AYSHABI, NAAZ, PARIMADAM, NEW MAHE. 4. P.K. FOUZIYA, D/O. LATE AYISHABI, AGED 53 YEARS, “MAIFASATH”, PAYYAMBALAM KANNUR. 5. P.M. MANZOOR, S/O. LATE PATHOOTTY, AGED 60 YEARS, MALIYEKKAL HOUSE, AZHEEKKAL NEW MAHE. 6. P.M. MARIYUMMA, D/O. LATE PATHOOTTY, AGED 57 YEARS, “HAMD”, NEAR KRISHNA PILLA VAYANASALA, RAILWAY STATION ROAD, AZHIYOOR.
RFA778/09
| 7. | P.M. JAMEELA, D/O. LATE PATHOOTTY, |
|---|---|
| AGED 54 YEARS, MALIYEKKAL HOUSE, P.O. NEW MAHE. |
|
| 8. | P.M.NAJMA, D/O. LATE ZAINABA, AGED 52 YEARS, “ANCHOR”, JAWAHAR COLONY, CALICUT. |
| 9. | P.M. ZAVAHIDA, D/O. LATE ZAINABA, AGED 56 YEARS, “MARWA”, PAVANGADU, CALICUT. |
| 10. | P.M. HUSSAIMA, D/O. LATE ZAINABA, AGED 53 YEARS, FLAT NO. 15/4231, BILATHIKULAM HOUSING COLONY, CALICUT. |
| 11. | PUTHEN PURAYIL ASHRAF, S/O. LATE MOOSOOTTY, AGED 56 YEARS, VATTIKINAR MEENCHANDA, CALICUT. |
| 12. | PUTHEN PURAYIL MAHAROOF, S/O. LATE MOOSOOTTY, AGED 52 YEARS, “ZABEEL”, OPP. MALAYALA MANORAMA, KANNUR. |
| 13. | PUTHEN PURAYIL SAMEER SIDDIQUE, S/O. LATE MOOSOOTTY, AGED 48 YEARS, SALEEM MANZIL NEAR GOVT. HOSPITAL, MAHE. |
| 14. | PUTHEN PURAYIL FATHIMA, D/O. LATE MOOSOOTTY, AGED 67 YEARS, “AMRITHA” FLAT NO.4, ALAVIL, KANNUR. |
| 15. | PUTHEN PURAYIL KUNHEEBI, D/O. LATE MOOSOOTTY, AGED 60 YEARS, “SHAAZ”, KASANAKOTTA, KANNUR. |
| 16. | PUTHEN PURAYIL SAFOORA, |
| D/O. LATE MOOSOOTTY, AGED 46 YEARS, “HAMRYAH”, P.B. NO. 840, POSTAL CODE 1131, SULTANATE OF OMAN. |
|
| 17. | P.M. MOHAMMED SHARAFUDHEEN, S/O. LATE PATHOOTTY, AGED 62 YEARS, BUSINESS, MALIYEKKAL HOUSE, P.O. NEW MAHE. |
| R11 TO | R16 BY ADV. SRI.BINU PAUL |
| R1 TO R | 10 & R14 BY ADV. SRI.C.KHALID |
| ADV. SRI.N.GOPINATHA PANICKER ADV. SRI.T.P.SAJID |
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.
.................................................................... RFA No.778 of 2009
.................................................................... Dated this the 3rd day of August, 2015.
J U D G M E N T
Thottathil B.Radhakrishnan, J.
It is submitted that the parties have settled the matter out of court. Therefore, this appeal has become unnecessary. Hence, this appeal is dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE)
(SUNIL THOMAS, JUDGE)
jg
Puthen Purayil Nadeer
P.M. Abdullah
P.M. Zuhra
Thottathil B.Radhakrishnan
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
