The High Court disposed of the regular first appeal challenging the preliminary decree in a partition suit after parties settled their disputes. The court modified the preliminary decree as per the settlement terms.
Preliminary decree modified per settlement terms; appeal disposed of accordingly.
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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938
RFA.No. 84 of 2014 (I)
-----------------------------AGAINST THE JUDGMENT IN OS 52/2011 of SUB COURT, VADAKARA DATED 27-08-2013
APPELLANT/DEFENDANT: -
P.VILASINI DEVI, AGED 81, D/O.PARVATHY AMMA, HOUSE WIFE, KSHB FLAT 101, 1ST BLOCK, PANAMPALLYL APARTMENTS, COCHIN 682 036
BY ADVS.SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN SRI.B.DEEPAK SRI.SUNIL N.SHENOI
RESPONDENTS/PLAINTIFFS: -
RFA.No. 84 of 2014 (I)
2
D/O.P.SUBHADRA G NAMBIAR, LAKSHMI APARTMENTS, II/3,37,SEETHAMMAL ROAD, ALWARPET, CHENNAI 600 018, NOW AT C/O.CRESCENT HOSPITAL ALATHUR, PALAKKAD DISTRICT, KERALA, A PERSON INCAPABLE OF LOOKING AFTER HER AFFAIRS, REPRESENTED BY HER NEXT FRIEND AND MOTHER, LAKAHMI APARTMENTS - II/3,37, SEETHAMMAL ROAD, ALWARPET, CHENNAI 600 018.
(RESPONDENTS 2 TO 5 ARE THE LEGAL HEIRS OF THE DECEASED FIRST RESPONDENT AS PER ORDER DATED 07.06.2016).
R2-R5 BY ADV. SRI.B.KRISHNAN R2-R5 BY ADV. SRI.R.PARTHASARATHY
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DMR/-
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
---------------------------------------
R.F.A. No. 84 of 2014
--------------------------------------- Dated this the 07th day of June, 2016
J U D G M E N T
Antony Dominic, J.
This appeal is preferred by the defendant in O.S.No. 52/2011 on the file of the Sub Court, Vadakara, challenging the preliminary decree passed by that Court. During the pendency of the appeal, parties have settled the disputes and filed I.A. No. 1193/2016 incorporating the terms of the settlement.
The preliminary decree passed in O.S. No. 52/2011 by the Sub Court, Vadakara, will stand modified in terms of the settlement arrived between the parties and incorporated in I.A. No. 1193/2016 and the sketch and the schedule appended thereto. The parties will produce a copy of this judgment along with I.A., the sketch and the schedule attached thereto
R.F.A. No. 84 of 2014 2
before the Sub Court, Vadakara, which, on receipt thereof, will incorporate the terms of settlement in the stamp paper, to be
produced by the parties to the suit.
RFA is disposed of accordingly.
ANTONY DOMINIC, JUDGE
DAMA SESHADRI NAIDU, JUDGE
DMR/
1 issue framed by the court
Whether the pending regular first appeal challenging the preliminary decree in a partition suit be disposed of upon settlement between parties.
P.VILASINI DEVI
P.SUBHADRA G.NAMBIAR
SUMANGALI JAYACHANDRAN
P.SIVAKRISHNAN
P.SREELAKSHMI
JAYASREE PREMKUMAR
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
