In RSA No. 1040 of 2017, the High Court of Kerala dismissed a regular second appeal as not pressed. The court recorded that the parties had settled their disputes and allowed pending interlocutory applications to be dismissed.
Appeal dismissed as not pressed; pending 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 A.HARIPRASAD
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
RSA.No. 1040 of 2017
AGAINST THE JUDGMENT AND DECREE DATED 25-01-2017 IN AS 35/2005 of SUB COURT, PAYYANNUR.
AGAINST THE JUDGMENT AND DECREE DATED 29-11-2004 IN OS 146/2000 of MUNSIFF COURT, TALIPARAMBA.
APPELLANTS/APPELLANTS/DEFENDANTS :
(SUPPLEMENTAL APPELLANT NOS.2 TO 4 ARE IMPLEADED AND AMENDED AS PER ORDER IN I.A NO.1697/2012 AND I.A NO.1698/2012 IN A.S NO.35/2005 ON THE FILE OF THE SUB COURT, PAYYANNUR DATED 18-02-2013.)
BY ADV.SRI.B.PREMNATH (E).
RESPONDENTS/RESPONDENTS/PLAINTIFF :
1. PARU, AGED 92 YEARS,
2. M.T.KUMARAN, AGED 74 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL,PANNIYOOR VILLAGE.
RSA.No. 1040 of 2017 -2-
| 3. |
M.T.KUNHIRAMAN, AGED 71 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL, PANNIYOOR VILLAGE. |
|---|---|
| 4. |
M.T. KAMALAKSHI, AGED 78 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL, PANNIYOOR VILLAGE. |
| 5. |
M.T.LEELA, AGED 55 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL, PANNIYOOR VILLAGE. |
| 6. |
M.T. PADMANABHAN, AGED 52 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, |
| KARAKKODI, (P.O.) PALLIVAYAL,PANNIYOOR VILLAGE. | |
| 7. |
M.T. PRABHAKARAN,AGED 50 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL,PANNIYOOR VILLAGE. |
| 8. |
M.T.PRAKASHAN, AGED 46 YEARS, S/O.VELLU VALAPPIL KORAN (DIED), RESIDING AT MUNDAKKA THARAMMAL HOUSE, KARAKKODI, (P.O.) PALLIVAYAL, PANNIYOOR VILLAGE. |
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
amk
A.HARIPRASAD, J.
R.S.A No.1040 of 2017
Dated this the 22nd day of February, 2018
J U D G M E N T
Learned counsel for the appellants submitted that the
parties have settled their disputes and the appeal is not pressed. Memo
dated 01-02-2018 is recorded. The appeal is dismissed as not pressed.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
amk
POOMANGALORAKATH ENNA NABEESSA
POOMANGALORAKATH ENNA MUSTHAFA
POOMANGALORAKATH ENNA ALI
POOMANGALORAKATH ENNA IBRAHIM
PARU
M.T.KUMARAN
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
