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P.a.Ramesh Kumar Vs Krishnan Nair — Civil Procedure and Limitation | Kerala HC (2016)

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P.a.Ramesh Kumar Vs Krishnan NairP.a.Ramesh Kumar v. Krishnan Nair

Disposed

P.a.Ramesh Kumar v. Krishnan Nair

Kerala HC7 Apr 2016RSA/994/2009

Case brief

AI extract

What is this about?

Second appeal disposed of via compromise. Impugned judgments set aside and underlying suit decreed per compromise terms.

What did the court decide?

Impugned judgments set aside; O.S.No.100 of 1998 decreed per compromise terms.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 7^TH DAY OF APRIL 2016 / 18TH CHAITHRA, 1938

RSA NO. 994 OF 2009

AGAINST THE JUDGMENT IN AS 125/2007 OF ADDITIONAL DISTRICT COURT-1, THIRUVANANTHAPURAM

AGAINST THE JUDGMENT IN O.S.NO.100/1998 OF PRL.SUB COURT,

THIRUVANANTHAPURAM

APPELLANTS/RESPONDENTS/PLAINTIFFS

P.A.RAMESH KUMAR, S/O. LATE SRI.APPUKUTTAN NAIR, AGED 44 YEARS, RESIDING AT DIVYA DEEPAM,

KUZHIVAYAL ROAD, GOWREESAPATTOM, THIRUVANANTHAPURAM

Parties & counsel

AI extract

appellant
P.A. RAMESH KUMAR
appellant
SARADAMMA
respondent
KRISHNAN NAIR

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 7 Apr 2016 · April
Registered: 16 Sept 2009
Case no.: RSA/994/2009

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Cite this judgement

P.a.Ramesh Kumar v. Krishnan Nair, RSA/994/2009 (KL), decided on 7 April 2016.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.B. SURESH KUMAR

Parties & counsel

Outcome

Impugned judgments set aside; O.S.No.100 of 1998 decreed per compromise terms.

Detailed headnote1 paragraphs

In a second appeal regarding property disputes, the High Court observed that the disputes between parties were settled via a compromise petition filed as I.A. No.862 of 2016. Finding the terms lawful, the Court set aside the impugned judgments and decreed the underlying suit in accordance with the compromise. The compromise copy is to be appended to the judgment.

A compact analysis

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.

SARADAMMA, D/O.BHAGAVATHY KUTTY AMMA, BHAGAVATHY VILASOM, P.T.P.JUNCTION, KOWDIAR, THIRUVANANTHAPURAM.

BY ADV.G.S.REGHUNATH

RESPONDENT(S)/APPELLANTS/DEFENDANTS

*1 KRISHNAN NAIR,S/O. VELAYUDHAN NAIR CHENNAVOORVILA VEEDU, NEAR CHENNAVOOR TEMPLE, JANATHA ROAD, CHEMPAZHANTHI, THIRUVANANTHAPURAM, NOW IN T.C.4/2509, BHAGAVATHI VILASOM,, P.T.P.JUNCTION, KOWDIAR, THIRUVANANTHAPURAM (DIED) *2 JAYASREE, W/O.JAYACHANDRAN RESIDING AT DO. DO. (REMOVED) *3 JAYACHANDRAN, RESIDING AT DO. (REMOVED)

*4 RAGHAVAN, S/O.NARAYANAN AGED ABOUT 67 YEARS, PANAYIL VEEDU,, MUNGOTTUKONAM, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. (DELETED) *5 SEENA, D/O.VASANTHI AGED ABOUT 38 YEARS, RESIDING AT MANAKUNNIL VEEDU,, KUNNUMMAL WARD, KILIMANOOR VILLAGE,THIRUVANANTHAPURAM. (REMOVED) *6 RAMACHANDRAN AGED 61 YEARS C/O.KRISHNAN NAIR, T.C.4/2509, BHAGAVATHI VILASOM, P.T.P.JUNCTION,, KOWDIAR, THIRUVANANTHAPURAM. (DELETED)

*RESPONDENT NOS.4 & 6 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS AS PER THE ORDER DATED 18/6/2012 IN I.A.NO.1486/2012

RESPONDENTS 2,3 AND 5 ARE REMOVED FROM THE PARTY ARRAY S AS PER THE ORDER DATED 07/04/2016 IN I.A NO.807/2016

*ADDL.R7 TO R11 ARE IMPLEADED

*ADDL.R7 OMANA , W/O.SRI.KRISHNAN NAIR, AGED ABOUT 75, CHENNAVOORVILA VEEDU, NEAR CHENNAVOOR TEMPLE, JANATHA ROAD, CHEMPAZHANTH, THIRUVANANTHAPURAM

*ADDL.R8 GEETHAKUMARI, D/O.KRISHNAN NAIR, AGED ABOUT 53, C/O.SRI.S.SASIDHARAN, KANIVILAKOM, KUSAVARKAL, PEROORKADA P.O, THIRUVANANTHAPURAM HARIKUMAR, S/O.SRI.KRISHNAN NAIR, *ADDL.R9 AGED ABOUT 51, CHENNAVOORVILA TEMPLE, JANATHA ROAD, CHEMPAZHANTH, THIRUVANANTHAPURAM ANILKUMAR, S/O.KRISHNAN NAIR, *ADDL.R10 AGED ABOUT 48, CHENNAVOORVILA TEMPLE, JANATHA ROAD, CHEMPAZHANTH, THIRUVANANTHAPURAM *ADDL.R11 JAYASREE,D/O.KRISHNAN NAIR, AGED ABOUT 45 YEARS, BHAGAVATHI VILASOM, T.C.4/2509, P.T.P.JUNCTION, MARAPPALAM, PATTOM, THIRUVANANTHAPURAM LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE IMPLEADED AS ADDL.RESPONDENTS 7 TO 11 AS PER THE ORDER DATED 07.04.2016 IN I.A.NO.432 OF 2014 BY ADVS.SRI.L.MOHANAN SMT.LIGEY ANTONY

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.04.2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.B.SURESH KUMAR, J

R.S.A.No.994 of 2009

Dated this the 7^th day of April, 2016

JUDGMENT

The disputes between the parties in this second appeal have been settled and a compromise petition as I.A.No.862 of 2016 is filed. It is seen that the terms of the compromise are lawful. In the circumstances, the impugned judgments are set aside and the suit O.S.No.100 of 1998 on the file of the Sub Court, Thiruvananthapuram is decreed in terms of the compromise. A copy of the compromise petition shall be appended to th7dddddddde judgment and the original shall be preserved.

P.B.SURESH KUMAR, JUDGE

smm

P.B. SURESH KUMAR

CNR

KLHC010374402009

Topic

Civil Procedure and Limitation

Bench

P.b.suresh Kumar

Disposal

SETTLED

7 Apr 2016

K.M.Yohannan Vs D.Varghese

7 Apr 2016