The Court disposed of the regular second appeal on the day it was heard after accepting a settlement between parties regarding a building key and payment of Rs.11,00,000/- made to appellants.
Settlement accepted; appeal disposed of after handover of building key and receipt of Rs.11,00,000/-.
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 P.B.SURESH KUMAR
WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940
RSA.No. 882 of 2007
AGAINST THE JUDGMENT DATED 20-12-2006 IN AS 77/2004 OF THE SUB COURT, PALA
AGAINST THE JUDGMENT DATED 09-09-2004 IN OS 239/1982 OF THE MUNSIFF COURT, PALA
APPELLANTS/APPELLANTS/ADDITIONAL DEFENDANTS 3 TO 8:
1 JANAKI AMMA AMMINI AMMA
D/O.SIVARAMAN NAIR, CHEMPACKAL,, PRAVITHANAM KARA, BHARANANGANAM VILLAGE.
SON OF SIVARAMAN NAIR, RESIDING AT DO. DO.
*3 JANAKY AMMA LEELA, DO. RESIDING AT PANDIYANKAL, KALATHOOKADAVU P.O. (DIED)
MATTAKKATT DO. KARA DO. VILLAGE.
6 JANAKY AMMA RADHAMANI AMMA D/O.SIVARAMAN NAIR, EDENTHANIYIL,, PRAVITHANAM KARA, BHARANANGANAM VILLAGE.
*ADDL.7 P.G.RAVINDRAN NAIR, S/O GOPALA PILLAI, PANDYANKAL, KALATHOOKADAVU P.O., ERATTUPETTA, KOTTAYAM DISTRICT
ADDL. 7TH APPELLANT IS IMPLEADED AS LR'S OF DECEASED 3RD APPELLANT AS PER ORDER DATED 28.03.2008 ON I.A. NO. 732/2008.
BY ADV. SRI.P.R.VENKETESH
RSA.No. 882 of 2007
2
RESPONDENTS/RESPONDENTS 2 TO 13/PLAINTIFF:
**1 NARAYANAN NAIR BALAKRISHNAN NAIR, DO. DO. 2 NARAYANAN NAIR SIVARAMAN NAIR, DO. DO. ****3 NARAYANAN NAIR KARTHIYANI AMMA, DO. DO.(DIED) ***4 NARAYANAN NAIR BHARGAVI AMMA, DO. DO. (DIED) *5 NARAYANAN NAIR CHANDRIKA AMMA, DO. DO.(DIED) 6 NARAYANAN NAIR RETHNAMMA DO. DO. 7 K.N.RAMACHANDRAN NAIR (DIED) KUNNAPPALLY, ANTHINADU KARA, LALAM VILLAGE,, (K.N.RAMACHANDRAN NAIR, INDUSTRIAL ESTATE,, INDUSTRIAL CENTRE, BIRLA NAGAR P.O., GWALIOR, M.P.). 8 JANARDANAN NAIR SAROJINI AMMA KALAVAKKUZHIYIL, MELAMPPARA KARA,, THALAPPALLAM VILLAGE. 9 SANTHOSH DO. DO. 10 SIBY DO. DO. 11 SANJAYAN DO. DO. 12 SAVITHA DO. DO. * ADDL.RESPONDENTS 13 TO 17: 13. PRASANNA, W/O.LATE K.N.RAMACHANDRAN NAIR, KUNNAPALLY P.O, ANTHINAD KARA, LALAM VILLAGE, PIN – 686651 14. VINU, S/O.DO. DO. 15. ANU, D/O. DO. 16. MONU, S/O.DO. DO 17. SONU, S/O. DO. DO THE LEGAL HEIRS OF THE DECEASED 7TH RESPONDENTS ARE IMPLEADED AS ADDITIONAL RESPONDENTS 13 TO 17 AS PER ORDER DATED 22.11.2017 IN I.A. NO. 2157/2010.
**** ADDL.RESPONDENTS 18 TO 23:**
18. SANTHAKUMARI, AGED 59 YEARS, D/O.CHANDRIKAMMA, KOLLAPPILLIL HOUSE, AMANAKARA P.O., RAMAPURAM, PIN – 676 576.
RSA.No. 882 of 2007
3
| 19. | SASIDHARAN NAIR, AGED 57 YEARS, S/O. DO., PARATHAMATHU HOUSE, DO. DO. |
|---|---|
| 20. | INDIRA MURALIDHARAN, AGED 52 YEARS, D/O. DO., ELANJIKUNNEL, MONAPILLIL PIN – 686 636. |
| 21. | GEETHA NANDHAN, AGED 49 YEARS, D/O. DO. KIZHUPPADAYIL HOUSE, KAKKAD P.O, PIRAVOM, PIN – 686 664. |
| 22. | JAYASREE AJITH, AGED 46 YEARS, D/O. DO., KUNNUMPURAH HOUSE, AMANAKARA P.O., RAMAPURAM, PIN – 686 576 |
| 23. | SHYLAJA MOHAN, AGED 50 YEARS, D/O.DO., KOORAPPILLIL, MUTHOLAPURA P.O., ELANJI, PIN – 686 556 |
| THE LEGAL REPRESENTATIVES OF DECEASED R5 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 18 TO 23 AS PER ORDER DATED 22.11.2017 IN I.A. NO. 2281/2017. |
|
| ***** ADD** | L.RESPONDENTS 24 TO 27: |
| 24. | S.SURENDRAN NAIR, AGED 60 YEARS, S/O.NARAYANAN NAIR BHARGAVI AMMA & SANKARAN NAIR, KUZHIKKATHU HOUSE, ANTHINAD P.O, PALA, KOTTAYAM – 686 651 |
| 25. | K.S.BALACHANDRAN NAIR, AGED 57 YEARS, S/O. DO. DO. |
| 26. | K.S.RADHAKRISHNAN, AGED 53 YEARS, S/O. DO. DO. |
| 27. | K.S.SANTHIMOL, AGED 49 YEARS, D/O. DO. DO. |
| THE LEGAL REPRESENTATIVES OF DECEASED R4 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 24 TO 27 AS PER ORDER DATED 22.11.2017 IN I.A. NO. 2283/2017. |
|
| ******** | RESPONDENTS 1,2 AND 4 TO 12 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED R3 AS PER ORDER DATED 21.12.2017 IN I.A. NO. 1396/2008. |
| R1, 6, 8 TO 27 BY ADVS. SRI.J.KRISHNAKUMAR (ADOOR) SRI.MATHEW KURIAKOSE |
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 17.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 882 of 2007
4
JUDGMENT
In furtherance to the settlement arrived at between the parties as recorded in the order dated 17/09/2018, the learned counsel for the appellants has handed over today, the key of the building referred to in the order to the learned counsel for the respondents. The learned counsel for the appellants has also submitted that he received the sum of Rs.11,00,000/- mentioned in the order dated 17/09/2018 on behalf of all the appellants. The second appeal, in the circumstances, is disposed of recording the settlement mentioned in the order dated 17/09/2018 and the above mentioned submission of the learned counsel for the appellants.
Sd/-
P.B.SURESH KUMAR
JUDGE
Janaki Amma Ammini Amma and others
Narayanan Nair Balakrishnan Nair and others
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
