Disposed

Assan Beevi v. Pathummal Beevi

Kerala HC23 Oct 2018SA/406/1997

Case brief

AI extract

What is this about?

The High Court disposed of the Second Appeal by recording that the dispute between the parties had been settled through mediation. The court upheld the settlement and incorporated the surveyor's plan prepared under the mediation agreement into the judgment as part of the records.

What did the court decide?

Disposal of the Second Appeal based on the mediation settlement recorded before the court.

Assan Beevi Vs Pathummal Beevi — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

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SA.No. 406 of 1997

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AGAINST THE JUDGMENT AND DECREE IN AS 662/1990 of III ADDL.DISTRICT COURT, TRIVANDRUM DATED 19-08-1996

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AGAINST THE JUDGMENT AND DECREE IN OS 486/1986 of ADDL.MUNSIFF COURT,NEDUMANGAD DATED 17-07-1990

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APPELLANTS / RESPONDENTS NO.1,2,4 & 5 / PLAINTIFFS NO.1,2,4 & 5:

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1 ASSAN BEEVI MYLAMOODU VEEDU, NEDUVELI MURI, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM.

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2 ABDUL REHMAN

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OF - DO - - DO -

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3 SULAIKHA BEEVI OF - DO - - DO -

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4 SHAHIDA BEEVI OF - DO - - DO - BY ADV. SRI.P.K.MUHAMMED

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RESPONDENTS/ APPELLANTS & RESPONDENTS 3 AND 6/ DEFENDANTS 1,2,3 AND 3RD PLAINTIFF:

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1 PATHUMMAL BEEVI MAILAMOODU VEEDU, NEDUVELI MURI, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. (DIED)

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2 (LEGAL HEIRS IMPLEADED AS ADDL.R5 TO R12) AVVA UMMAL OF - DO - - DO - (DIED)

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3 (LEGAL HEIRS IMPLEADED AS ADDL.R13 TO R16) ABOOBAKER OF - DO - - DO -

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4 SULTHAN PILLAI OF - DO - - DO - (DIED) (LRS RECORDED) APPELLANTS 1 TO 4 AND 3RD RESPONDENT ARE RECORDED AS

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SA.No. 406 of 1997

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THE LEGAL HEIRS OF DECEASED 4TH RESPONDENT AS PER ORDER DATED 30.10.2000 ON MEMO CF 3775/00 DT.10.10.2000

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ADDITIONAL RESPONDENTS :

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5. AISHA BEEVI, AGED 75 YEARS, D/O.PATHUMMAL, THADATHARIKATHU VEEDU, CHEMMANNAKUNNU, PULLAMPARA, VENJARAMOOD

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6. RAHEEM, AGED 35 YEARS, S/O.ASANARU PILLAI, & SHEREEFA BEEVI, RIJU MANZIL, NEAR M.H.S.KANIYAPURAM

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7. SAJEER, AGED 33 YEARS, S/O.ASANARU PILLAI,

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& SHEREEFA BEEVI, VEDATHI KUNNU, CHARUVILA PUTHEN VEEDU, THALAYELA, KUTHIRAKULAM P.O., NEDUMANGADU

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8. SHAMLA, AGED 30 YEARS, D/O.ASANARU PILLAI & SHEREEFA BEEVI, THOKKALAKUZHY, PULLAMPARA P.O., NEDUMANGADU

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9. SUBAITHA BEEVI, AGED 64 YEARS, D/O.PATHUMMAL, MUNEER MANZIL, NEDUVELI, KOCHNIRA P.O., VEMBAYAM, NEDUMANGADU.

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10. ALIYARUKUNJU, AGED 60 YEARS, S/O.IBRAHIM KUNJU NISHAM MANZIL, PARAPOTTAYIL VEEDU, KONCHIRA P.O., VEMBAYAM, NEDUMANGADU

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11. MUHAMMED HANEEFA, AGED 58 YEARS, S/O.IBRAHIM KUNJU, THOTTARAYIL VEEDU, KAVUKONAM, KAITHODE P.O., NILAMEL, KOLLAM DISTRICT

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12. BASHEER, AGED 55 YEARS, S/O.IBRAHIM KUNJU KUNNIL VEEDU, KANNASRAMAM SREENIVASAPURAM P.O., VARKALA

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THE LEGAL HEIRS OF THE DECEASED RESPONDENT NO.1 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 5 TO 12 AS PER ORDER DATED 11/02/2016 IN IA 1663/2015

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ADDITIONAL RESPONDENTS

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13. ARIFA BEEVI, AGED 68 YEARS, D/O.AVVA UMMAL KAMUKARAKONANTHU VEEDU, KONCHIRA P.O., VEMBAYAM, NEDUMANGADU

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SA.No. 406 of 1997

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14. MUHAMMED ABDUL KHADAR, AGED 64 YEARS, S/O.MAITHEEN PICHA & AVVA UMMAL, PONKUNNIL VEEDU, KONCHIRA P.O., VEMBAYAM, NEDUMANGADU

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15. MUHAMMED ALI, AGED 55 YEARS, S/O.MAITHEEN PICHA & AVVA UMMAL, PONKUNNIL VEEDU, KONCHIRA P.O., VEMBAYAM, NEDUMANGADU

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16. JAMEELA BEEVI, AGED 53 YEARS, D/O.AVVA UMMAL MYLAMOOD VEEDU, KONCHIRA P.O., VEMBAYAM, NEDUMANGADU

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THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.2 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 13 TO 16 AS PER ORDER DATED 11/02/2016 IN I.A.1665/2015.

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R5 TO R12 BY ADVS.R.S.KALKURA

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M.S.KALESH R.BINDU HARISH GOPINATH R13 TO R16 BY ADVS.K.SIJU S.ABHILASH RENY ANTO

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THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SA.No. 406 of 1997

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JUDGMENT

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The disputes between the parties have been settled in mediation. The mediation settlement is part of the records. The Second Appeal, in the circumstances, is disposed of in terms of the mediation settlement. The plan prepared by the Taluk Surveyor in terms of the settlement as forwarded by the Mediator to this Court shall also form part of the judgment.

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Sd/-

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P.B.SURESH KUMAR

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JUDGE

Assan Beevi v. Pathummal Beevi

Case brief

What is this about?

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Assan Beevi v. Pathummal Beevi

Case brief

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