Court settled disputes between parties via memorandum integrated into final judgment, set aside impugned orders, and disposed of underlying suit O.S.No.112/1998.
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
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
RSA.No. 55 of 2013
AS.19/2004 OF SUB COURT, PAYYANNUR OS.112/1998 OF MUNSIFF COURT, PAYYANNUR DATED 19-12-2003
APPELLANT/APPELLANT/ DEFENDANT NO 3:
MUTTIL NARAYANAN, AGED 56 YEARS, S/O MANIKKOM, EX- SERVICE MAN, KANDANGALI P.O, PAYYANNUR AMSOM, PAYYANNUR DESOM.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENT(S)/RESPONDENTS/ PLAINTIFF AND DEFENDANTS 1 AND 2 AND DEFENDANTS 4 TO 29:
1. MUTTIL KALLYANI, AGED 67 YEARS, D/O. MANIKKOM, RESIDING AT KANDANGALI, P.O KANDANGALI, PAYYANNUR AMSOM AND DESOM- 670307.
R2 IS DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DATED 13/12/2012 IN IA.3180/2012.
3. KARIKUNHIRE LAKSHMI,, AGED 62 YEARS, W/O MUTTIL KUNHAMBU, MAVICHERRY P.O, PAYYANNUR, PAYYANNUR AMSOM AND DESOM 670307.
4. KARIKUNHIRE PUSHPA, AGED 39 YEARS, D/O. MUTTIL KUNHAMBU, MAVICHERRY P.O, PAYYANNUR, PAYYANNUR AMSOM AND DESOM 670307.
5. KARIKUNHIRE PUSHPA, AGED 35 YEARS, D/O MUTTIL KUNHAMBU, MAVICHERRY P.O, PAYYANNUR, PAYYANNUR AMSOM AND DESOM 670307.
6. KARIKUNHIRE ASHOKAN, AGED 33 YEARS. S/O MUTTIL KUNHAMBU, MAVICHERRY P.O, PAYYANNUR, PAYYANNUR AMSOM AND DESOM 670307.
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RSA.No. 55 of 2013
7. KOMALAM, AGED 70 YEARS, W/O KUNHIKORAN, NEENADA AUDIO HOUSE, BUS STAND, MADIKKERI, KOORG DISTRICT, KARNATAKA STATE, PIN-571201.
8. RATHI, AGED 45 YEARS, D/O KUNHIKORAN, NEENADA AUDIO HOUSE, BUS STAND, MADIKKERI, KOORG DISTRICT, KARNATAKA STATE-571201.
9. REMA, AGED 41 YEARS, D/O KUNHIKORAN, NEENADA AUDIO HOUSE, BUS STAND, MADIKKERI, KOORG DISTRICT, KARNATAKA STATE-571201
10. BIJU, AGED 39 YEARS
11. SIVAMONY, AGED 37 YEARS S/O KUNHIKORAN, NEENADA AUDIO HOUSE, BUS STAND MADIKKERI, KOORG DISTRICT, KARNATAKA STATE PIN-571201.
RESPONDENT NO.12 IS DELETED FROM THE PARTY ARRAY AS PR ORDER DATED 7/11/13 IN IA.2948/13.
13. PREETHA, AGED 30 YEARS D/O KUNHIKORAN, NEENADA AUDIO HOUSE, BUS STAND MADIKKERI, KOORG DISTRICT, KARNATAKA STATE PIN- 571201.
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RSA.No. 55 of 2013
24. MUTTIL PARU, D/O PARU, PAYYANNUR AMSOM AND DESOM, KANDANGALI P.O KANDANGALI, PAYYANNUR VIA, PIN 670307.
25. MUTTILKUNHIPARU D/O CHEYYAYI, SOUTH TRIKARIPUR, KADAPPURAM P.O SOUTH TRIKARIPUR, 671001.
*** 26. MUTTIL LAKSHMI, (DELETED) D/O MANIKKAM, RAMANTHALI AMSOM AND DESOM, P.O RAMANTHALI 670308.**
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| *** 31. PREMARAJU, AGED 41 YEARS, (DELETED)** RAMANTHALI AMSOM AND DESOM, VADAKKUMB |
AD 670308. |
|---|---|
| *** 32. MUTTIL KARUNAKARAN, AGED 57 YEARS,** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
(DELETED) ALI (VIA) |
| *** 33. MUTTIL KRISHNAN, AGED 55 YEARS, (DELE** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
TED) ALI (VIA) |
| *** 34. MUTTIL RAJAN, AGED 52 YEARS, (DELE** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
TED) ALI (VIA) |
| *** 35. MUTTIL KUNHIRAMANM, AGED 50 YEARS,** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
(DELETED) ALI (VIA) |
| *** 36. MUTTIL KAMALAKSHAN, AGED 47 YEARS,** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
(DELETED) ALI (VIA) |
| *** 37. MUTTIL PRASANNA, AGED 45 YEARS, (DELE** PRASANNA NIVAS, KARANTHAT POST, RAMANTH KANNUR 670308. |
TED) ALI (VIA) |
| *** 38. KEENECHIRA SREEDHARAN, AGED 49 YEARS,** S/O KEENECHIRE KALLYANI KAKKAMPARA, P.O ETTIKKULAM 670001. |
(DELETED) |
| *** 39. KEENECHIREA KOUSALLYA,, AGED 56 YEARS,** S/O KEENECHIRE KALLYANI KAKKAMPARA, P.O ETTIKKULAM 670001 |
(DELETED) |
| *** 40. KEENECHIRA RAMACHANDRAN, AGED 44 YEAR** KAKKAMPARA, P.O, ETTIKKULAM 670001. |
S, (DELETED) |
| *** 41. KEENECHIRA RAVEENDRAN, AGED 42 YEARS,** KAKKAMPARA, P.O, ETTIKKULAM 670001. |
(DELETED) |
| *** 42. KEENECHIRA PRABHAKARAN, AGED 40 YEARS** KAKKAMPARA, P.O, ETTIKKULAM 670001. |
, (DELETED) |
| *** 43. KEENECHIRA RAJENDRAN, AGED 46 YEARS,** KAKKAMPARA, P.O, ETTIKKULAM 670001 |
(DELETED) |
| *** 44. KEENACHIRA JAADEESH, AGED 33 YEARS,** KAKKAMPARA, P.O, ETTIKKULAM 670001. |
(DELETED) |
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RSA.No. 55 of 2013
R29 TO R45 ARE DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DATED 13/12/12 IN IA.3180/12.
R1 BY ADV. SRI.MAHESH V RAMAKRISHNAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 03-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
P.B.SURESH KUMAR, J.
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R.S.A.No.55 of 2013.
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Dated this the 3rd day of March, 2016.
J U D G M E N T
The disputes between the parties in this matter
are settled by recourse to mediation. The memorandum of settlement arrived at between them is part of the records. The memorandum of settlement indicates that the terms of settlement arrived at between the parties are lawful. In the circumstances, the impugned judgments are set aside and the suit O.S.No.112 of 1998 is disposed of in terms of the settlement. A copy of the memorandum of settlement shall be appended to this judgment and the original shall be preserved.
Sd/-
P.B.SURESH KUMAR,
Kvs/-
// true copy //
PA TO JUDGE.
Muttil Narayanan
Muttil Kallyani
Muttil Paru
Karikunhire Lakshmi
Karikunhire Pushpa
Karikunhire Ashokan
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
