The High Court of Kerala recorded a compromise signed by all parties after hearing the second appeal. Consequently, the court dismissed the second appeal and the underlying suit as withdrawn.
Second appeal and suit dismissed as withdrawn pursuant to recorded compromise.
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 B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF MAY 2017/4TH JYAISHTA, 1939
RSA.No. 647 of 2009 ( )
AGAINST THE JUDGMENT AND DECREE DATED 25-03-2009 IN AS 13/1996 of SUB COURT, OTTAPPALAM
AGAINST THE JUDGMENT AND DECREE DATED 21-12-1995 IN OS 108/1992 of MUNSIFF-MAGISTRATE COURT, PATTAMBI
APPELLANTS/RESPONDENTS/PLAINTIFFS::
1. PANCHALI, D/O.LATE KARTHIAYANI, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
2. PADMAVATHY, D/O.LATE KARTHIAYANI, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
3. CHANDRAN, S/O.LATE KARTHIAYANI, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
4. SURENDRAN, S/O.LATE KARTHIAYANI, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
BY ADVS.SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS/APPELLANTS AND R5/DEFENDANTS::
1. KARTHIAYANI, W/O.BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
2. RADHA, D/O. LATE BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
RSA.No. 647 of 2009 ( ) ------------------------
3. SOBHA, D/O.LATE BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
4. RAJANI, D/O.LATE BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
5. RABITHA, D/O.LATE BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
6. RAVISHA, D/O.LATE BHASKARAN, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
7. SUNDARAN, S/O.LATE KARTHIAYANI, NAGALASSERY AMSOM, NANDIAMCODE DESOM, OTTAPALAM TALUK.
R1 & R6 BY ADVS. SRI.T.SETHUMADHAVAN SRI.KODOTH PUSHPARAJAN SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR R7 BY ADV. SMT.A.P.RUFAIJA
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 25-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
B. KEMAL PASHA, J.
R.S.A. No.647 of 2009
Dated this the 25th day of May, 2017
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The matter has been settled. I.A.No.1005/2017
is the compromise petition signed by all the parties and the learned counsel for both sides. Compromise is recorded and the Second Appeal is dismissed in terms of the compromise petition. Through the compromise, the suit itself has been withdrawn. Therefore, the suit is also dismissed as withdrawn.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/25/05
// True Copy //
PA to Judge
PANCHALI, D/O.LATE KARTHIAYANI
PADMAVATHY, D/O.LATE KARTHIAYANI
CHANDRAN, S/O.LATE KARTHIAYANI
SURENDRAN, S/O.LATE KARTHIAYANI
KARTHIAYANI, W/O.BHASKARAN
RADHA, D/O. LATE BHASKARAN
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
