High Court disposed of two Regular Second Appeals by recording that the disputed matter was settled via a compromise agreement filed with the mediator's report. No substantive legal proposition is outlined.
Adjudication based on filed compromise agreement; interlocutory applications dismissed.
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
WEDNESDAY, THE 11TH DAY OF JANUARY 2017/21ST POUSHA, 1938
RSA.No. 437 of 2016 (B)
AGAINST THE JUDGMENT AND DECREE DATED 31-08-2015 IN AS 110/2013 OF THE ADDITIONAL DISTRICT COURT - VI, THIRUVANANTHAPURAM.
AGAINST THE JUDGMENT AND DECREE DATED 07-11-2007 IN OS 1686/2004 OF THE 1 ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM.
APPELLANTS IN RSA/APPELLANTS IN AS/NOT PARTIES TO THE SUIT :
1. RAJASEKHARN NAIR, AGED 58, S/O. MADHAVAN PILLAI, RESIDING AT A.R.NIVAS, PERAPOOR LANE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
2. RAJEEV, AGED 30, S/O. RAJASEKHARAN NAIR, RESIDING AT A.R.NIVAS, PERAPOOR LANE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
3. RAHUL, AGED 28, S/O. RAJASEKHARAN NAIR, RESIDING AT A.R.NIVAS, PERAPOOR LANE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
.......2
-2-
RESPONDENTS IN AS/1ST PLAINTIFF AND THE DEFENDANT IN SUIT:
1. SRIJITH, AGED 25, S/O. LATE MADHAVAN NAIR, SREE MANDIRAM, TC 10/551(1), CHEMBAKAMOODU, PEROORKADA, THIRUVANANTHAPURAM-695 005.
2. RADHAMMA, AGED 73, D/O. RUGMINI AMMA, TC 10/551(1), CHEMBAKAMOODU, PEROORKADA, THIRUVANANTHAPURAM-695 005.
R1 BY ADV. SRI.S.KRISHNA KUMAR (MANGALAM) R2 BY ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2017, ALONG WITH RSA. 597/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. HARILAL, J.
R.S.A. Nos.437 & 597 of 2016
Dated this the 11th day of January, 2017
JUDGMENT
The matter, in dispute, involved in these Regular Second Appeals has been settled by way of mediation and the parties have entered into a compromise agreement, which is filed along with the Report of the Mediator. The terms of compromise would form part of this judgment and the decree will be passed accordingly.
Thus, these Regular Second Appeals are disposed of accordingly. All pending interlocutory applications will also stand dismissed.
Sd/-
(K. HARILAL, JUDGE)
Nan/
//true copy// P.S. to Judge
Rajasekharan Nair and others
Srijith
Radamma
K.Harilal
Senior Counsel (unnamed)
Additional District Court - VI Judge Thiruvananthapuram
Addl. Munsiiff's Court Judge Trivandrum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
