The second appeal filed by twelve family members challenging a succession decree was disposed of on the day of hearing as settled between parties under a mediation agreement filed with the court.
Second appeal disposed of as settled; settlement agreement recorded as part of decree.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 6TH DAY OF APRIL 2016/17TH CHAITHRA, 1938
RSA.No. 505 of 2008 (B)
AGAINST THE JUDGMENT IN A.S.NO.99/1998 OF SUBORDINATE COURT, TIRUR DATED 29-10-2007
AGAINST THE JUDGMENT IN O.S.NO.255/1983 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 06-06-1998
APPELLANT(S)/RESPONDENT 1 TO 10/PLAINTIFFS 2 TO 11 :
1. KORAMBATTU KUNHUTTY'S WIFE KUNHIMALU, AGED 68 YEARS, RAYIRIMANGALAM AMSOM DESOM. P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
2. KORAMBATTU KUNHUTTY'S DAUGHTER KOMALAVALLY, AGED 46 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
3. KORAMBATTU KUNHUTTY'S SON VASUDEVAN, AGED 44 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
4. KORAMBATTU KUNHUTTY'S DAUGHTER VASANTHA, AGED 42 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
5. KORAMBATTU KUNHUTTY'S DAUGHTER SOBHANA, AGED 40 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
6. KORAMBATTU KUNHUTTY'S SON GANESH BABU, 38 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
7. KOARAMBATTU KUNHUTTY'S SON ANILKUMAR, AGED 35 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
8. KORAMBATTU KUNHUTTY'S DAUGHTER PUSHPAKUMAI, AGED 32 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
9. KORAMBATTU KUNHUTTY'S DAUGHTER SAJITHA, AGED 26 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
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RSA.No. 505 of 2008 (B)
10. KORAMBATTU KUNHUTTY'S DAUTHTER SANDHYA, AGED 25 YEARS, RAYIRIMANGALAM AMSOM DESOM, P.O.RAYIRIMANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADVS. SRI.AVM.SALAHUDIN
SRI.DAISY DANIEL SRI.T.SHYAM PRASAD
RESPONDENT(S)/APPELLANT/RESPONDENT 11 TO 14/ DEFENDANTS :
3. KARTHYAYANI, W/O.KARIKKOLIL KRISHNAN ALIAS IMBICHI, AGED 66 YEARS, KARIKKOLIL HOUSE, CHERUVANNUR P.O., CHERUVANNUR AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
4. JANAKI, W/O.VARATHODIYIL VASU, AGED 51 YEARS, RAYIRAMANGALAM AMSOM DESOM, RAYIRAMANGALAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT.
5. LAKSHI, D/O.AYYAPPAN, AGED 45 YEARS, KORABATH HOUSE, RAYIRAMANGALAM AMSOM DESOM, RAYIRAMANGALAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT.
**** ADDITIONAL R6 & R7 IMPLEADED**
6. RAMANI, AGED 47 YEARS, W/O.LATE SIVADASAN, KORABATH HOUSE, RAYIRAMANGALAM AMSOM DESOM, RAYIRAMANGALAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT- 676 101.
7. NIMA(MINOR), AGED 17 YEARS, D/O.LATE SIVADASAN, KORABATH HOUSE, RAYIRAMANGALAM AMSOM DESOM, RAYIRAMANGALAM P.O., TIRUR TALUK- 676 101, REPRESENTED BY THE 6TH RESPONDENT- HER MOTHER.
**** ADDITIONAL R6 & R7 ARE IMPLEADED BEING LEGAL HEIRS OF DECEASED R2 AS PER ORDER DATED 14.06.2013 IN I.A.NO.1990/2011.**
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RSA.No. 505 of 2008 (B)
*** ADDITIONAL R8 & R9 IMPLEADED**
8. K.SOUDHAMINI, AGED 64 YEARS, W/O.LATE SHANKARAN, PURAMBATU HOUSE, POST THANNUR, MALAPPURAM DISTRICT- 676 302.
9. JYOTHI, AGED 30 YEARS, D/O.LATE SHANKARAN, PURAMBATU HOUSE, POST THANNUR, MALAPPURAM DISTRICT- 676 302.
R2 & ADDL.R7 BY ADVS. SRI.K.RAMACHANDRAN
SRI.S.SREEDEV
R4 & R5 BY ADVS. SRI.S.PRASAD BABU
SRI.M.RISHIKESH SHENOY
R6 BY ADVS. SRI.K.RAMACHANDRAN SMT.S.JAYASREE
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
N.K.BALAKRISHNAN, J.
========================== R.S.A. No. 505 of 2008
=================================== Dated this the 26th day of July, 2013
JUDGMENT
Parties have settled the matter in the mediation. Settlement agreement signed by the parties and their counsel has been filed. It is recorded. This R.S.A is disposed of as settled in terms of the said agreement. Settlement agreement will form part of the decree. If the parties do not act in terms of the settlement agreement within the period of six months, any of the aggrieved party can approach this court to get this second appeal revived.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
KORAMBATTU KUNHUTTY'S WIFE KUNHIMALU
KORAMBATTU KUNHUTTY'S DAUGHTER KOMALAVALLY
KORAMBATTU KUNHUTTY'S SON VASUDEVAN
KORAMBATTU KUNHUTTY'S DAUGHTER VASANTHA
KORAMBATTU KUNHUTTY'S DAUGHTER SOBHANA
KORAMBATTU KUNHUTTY'S SON GANESH BABU
P.B.SURESH KUMAR
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
