The Second Regular Appeal was allowed after the parties resolved their disputes by entering into a compromise agreement, which the court ordered to be recorded as part of the decree.
Appeal allowed and compromise agreement recorded as part of the 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 K.HARILAL
THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
RSA.No. 753 of 2015 (F)
AGAINST THE JUDGMENT IN AS 52/2006 of SUB COURT, TIRUR DATED 28-02-2015.
AGAINST THE JUDGMENT IN OS 309/1997 of MUNSIFF COURT, TIRUR DATED 12-04-2006
APPELLANT/1ST RESPONDENT/1ST DEFENDANT:
SEELAS AMENGARA, AGED 79 YEARS, S/O. JOSEPH AMENGARA, THIRUNAVAYA AMSOM KARATHOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENTS/APPELLANTS AND RESPONDENTS 2 & 3/PLAINTIFFS & DEFENDANTS 2 AND 3:
1. MOOLIYIL PEETER SAMUEL, AGED 84 YEARS, S/O. THETHOR MOOLIYIL, THRIPPANGODE VILLAGE, PARAPPERI, TIRUR TALUK, MALAPPURAM DISTRICT-676 108. * [DIED]
**2. SISTER JAINMOOLIYIL, AGED 99 YEARS, THIRUNAVAYA AMSOM, KARATHUR DESOM, TIRUR TALUK, MALAPPURAM-676 301. [DIED] [LEGAL HEIR IS RECORDED]
3. RAICHEL, W/O. SEELAS AMENGARA, THIRUNAVAYA AMSOM, KARATHOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 301.* [DELETED]**
.......2
-2-
4. JOSE, S/O. SEELAS AMENGARA, THIRUNAVAYA AMSOM, KARATHOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 301.[DELETED]*
ADDL.R5. JOSY BHASKER, AGED 75 YEARS, D/O. JAIN MOOLIYIL, THIRUNAVAYA AMSOM, KARATHUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 301.
ADDL.R7. PREM BHASIN, AGED 53 YEARS, D/O. LILLY MOOLIYIL, THIRUNAVAYA AMSOM, KARATHUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 301.
ADDL.R8. REENA AGED 49 YEARS, D/O. LILLY MOOLIYIL, THIRUNAVAYA AMSOM, KARATHUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 301.
ADDL.R5-R8 BY ADV. SRI.RILGIN V.GEORGE
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. HARILAL, J.
R.S.A. No.753 of 2015
-----------------------------------------------------Dated this the 20th day of October, 2016
JUDGMENT
The parties have resolved their disputes by entering into a compromise agreement which is produced along with this appeal. The compromise agreement and the sketch appended to it will form part of the decree. Hence this R.S.A. will stand allowed as per the terms of compromise.
SD/-
(K. HARILAL, JUDGE)
Nan/
//true copy//
P.S. to Judge
Seelas Amengara
Legal Heirs of Deceased 1st Respondent
Josy Bhasker
Vineetha
Prem Bhasin
Reena
K.Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
