Second appeal in a succession matter dismissed as settled out of court upon submission by counsel that parties did not intend to pursue the matter further.
Second appeal dismissed as settled out of court.
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 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940
SA.No. 612 of 1996
AGAINST THE JUDGMENT AND DECREE IN AS 46/1990 AND A.S.NO.50/1990 of SUB COURT, HOSDRUG DATED 22/12/1995
AGAINST THE JUDGMENT AND DECREE IN O.S.NO.231/1987 OF THE MUNSIFF COURT, HOSDRUG DATED 18-08-1990
APPELLANTS IN S.A / RESPONDENTS 1 TO 14 IN A.S.NOS.46 AND 50/90 IN THE LOWER APPELLATE COURT / PLAINTIFFS IN THE SUIT:
1 KIZHAKKE PURAYIL DEVAKI,
D/O.ACHA, RESIDING AT PADNEKAT IN KANHANGAD VILLAGE, HOSDURG TALUK.
10 KIZHAKKE PURAYIL JAYACHANDRAN S/O. .DO. IN .DO. .DO.
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11 KIZHAKKE PURAYIL SULOCHANA, D/O. .DO. IN .DO. .DO. 12 KIZHAKKE PURAYIL SUJATHA, D/O. .DO. IN .DO. .DO.
13 RADHA, LATE A MINOR, NOW A MAJOR, D/O. .DO. IN .DO. 14 PREMALATHA, LATE A MINOR, NOW A MAJOR, D/O. .DO. IN .DO. .DO.
BY ADVS. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR (SR.) SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON
RESPONDENTS 1 TO 10 IN S.A. / APPELLANTS & RESPONDENTS 77 TO 84 IN A.S.46/90 & RESPONDENTS 77 & 78 IS APPELLANTS IN A.S.50/90 / DEFENDANTS 72, 73 AND 64 TO 71 IN SUIT:
RESPONDENTS 11 TO 87 IN S.A / RESPONDENTS 16 TO 21, 23 TO 76 AND 85 TO 101 IN A.S. 46/90 AND RESPONDENTS 16 TO 21, 23 TO 76 AND 79 TO 95 IN A.S. 50/90 / DEFENDANTS 2 TO 7, 9 TO 63 AND NO PARTIES TO SUIT.
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S/O. .DO. AGED 15, RESIDING IN .DO. REPRESENTED BY GUARDIAN HIS MOTHER RESPONDENT NO.16.
21 KRISHNAN,
S/O.KIZHAKKE PURAYAIL KUNHAMMA ALIAS CHOYICHI, RESIDING AT CHULLIKKARA IN KALLAR VILLAGE, HOSDRUG TALUK, P.O.PADIMARUTHU.
S/O. .DO. IN .DO.
S/O.KUNHAMMA, IN KUMBLA, PULLUR VILLAGE, HOSDRUG TALUK, P.O.PULLUR.
D/O. .DO. IN .DO. .DO. (DIED)
D/O. .DO. IN .DO. .DO.
D/O.VELLACHI, RESIDING AT MEENGOTH IN PULLUR VILLAGE, HOSDRUG TALUK, P.O.AMBALATHARA.
D/O. .DO. IN .DO. .DO. (DIED)
(THE APPELLANTS ARE EXEMPTED FROM IMPLEADING THE LRS OF DECEASED R28 AND R40 AT THE RISK OF THE APPELLANTS VIDE SEPARATE ORDER DATED 13.06.2011 IN IA.1132/2011 AND IA.1133/2011 RESPECTIVELY)
29 KANNAN,
S/O.CHIRUTHA, RESIDING AT KELOTH, PULLUR VILLAGE, HOSDRUG TALUK, P.O.HARIPURAM.
D/O. .DO. IN .DO. .DO.
S/O. .DO. IN .DO. .DO.
32 KALLYANI, D/O. .DO. IN .DO. .DO.
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S/O. .DO. IN .DO. .DO.
49 KANNAN, S/O. .DO. IN .DO. .DO.
50 KARTHYAYANI, D/O. .DO. IN .DO. .DO.
51 PRABHAKARAN, S/O. .DO. IN .DO. .DO.
52 BHARGAVI, D/O. .DO. IN .DO. .DO.
57 KANNAN, S/O.CHIRUTHA, IN .DO. .DO. (DIED)
(PROPOSED ADDL.RESPONDENTS 106 TO 108 ARE RECORDED AS THE LR'S OF DECEASED R57 VIDE ORDER DATED 13.06.2011 IN MEMO DATED 03.04.2011 BEARING CF.2663/2011.)
58 GOPALAN, S/O. .DO. IN .DO. .DO. 59 BHARATHAN, S/O. .DO. IN .DO. .DO. 60 UTHARAN, S/O. .DO. IN .DO. .DO. 61 PADMINI, D/O. .DO. IN .DO. .DO. 62 RAGHU, S/O. .DO. IN .DO. .DO.
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63 CHANDRAN, S/O. .DO. IN .DO. .DO.
69 RAJAN, S/O. .DO. IN .DO. .DO.
70 CHIRAKKAL RAMAN, S/O.RAMAN, RESIDING AT MEENGOTH, PULLUR VILLAGE, HOSDRUG TALUK, P.O.AMBALATHARA.
71 VELLACHI, (LEGAL HEIR) W/O.LATE KIZHAKKE PURAYIL KANNAN, RESIDING AT BELOOR VILLAGE, HOSDRUG TALUK, P.O.ATTENGANAM. (DIED)
74 MADHAVI, D/O. .DO. AND W/O.RAMAN, RESIDING AT MALOM VILLAGE, HOSDRUG TALUK, P.O.BALAL.
76 KUNHIRAMAN,
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S/O. .DO. RESIDING AT KUHAL NAGAR, C/O.DY.S.P.OFFICE, KANHANGAD, HOSDRUG VILLAGE AND TALUK,
77 MEENAKSHI, D/O. .DO. AND W/O.KRISHNAN, RESIDING AT PUNCHAVI IN BALLA VILLAGE, HOSDRUG TALUK, P.O.KANHANGAD.
78 KARTHIYAYANI,
79 KAMALAKSHI,
80 KUNHIPENNU, (LEGAL HEIR) W/O.THANATHINGAL KANNAN RESIDING AT KUMBALA IN PULLUR VILLAGE, P.O.PULLUR. (DIED)
82 AMBADY, S/O.KANNAN, RESIDING AT KUMBLA, PULLUR VILLAGE, P.O.PULLUR.
83 MADHAVI, W/O.KUNHIRAMAN, RESIDING AT CHALINGAL, PULLUR VILLAGE, P.O.PULLUR.
84 NARAYANAN, S/O. .DO. IN KUMBLA VILLAGE, PULLUR P.O., PULLUR. (R72 TO 79 ARE RECORDED AS THE LR'S OF THE DECEASED R71, R81 TO 84 ARE RECORDED AS THE LR'S OF DECEASED R80, NONE IS TO BE RECORDED OR IMPLEADED AS LR'S OF R38 WHO DIED AS SPINSTER AND R47 TO 53 ARE RECORDED AS LR OF DECEASED R25 VIDE ORDER DATED 22.03.2010 IN MEMOS BEARING CF'S 1692/10, 1693/10, 1691/10 AND 1690/10 RESPECTIVELY).
85 KALLIYANI,
W/O..DO. RESIDING AT KARINGAL EDAPPANI, KUNDAMKUZHI VILLAGE, P.O.KUNDAMKUZHI.
86 KANNAN,
S/O.THANATHINGAL KANNAN,RESIDING AT KUMBLA, PULLUR VILLAGE, P.O.PULLUR.
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87 KARTHIYAYINI, W/O.LATE KOTTAN, RESIDING AT KUMBLA, IN .DO. .DO.
R1,R2 BY ADV. SRI.KODOTH SREEDHARAN R3 TO R10 BY ADV.S.ANANTHAKRISHNAN R12 TO R24, R26, R29, R37, R39, R41 TO R56, R58 TO R70, R75 TO R79 BY ADV.M.M.TEENA
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The learned counsel for the appellants submits that the parties have informed him that the matter is settled out of Court and that they, therefore, do not intend to pursue the matter further.
In the light of the said submission, the second appeal is dismissed as settled out of Court.
Sd/-
P.B.SURESH KUMAR
JUDGE
Kizhakke Purayil Devaki
Kizhakke Purayil Kallyani
Kizhakke Purayil Krishnan
C Choyi Ambu
Kizhakke Purayil Kunhamma Alias Choyichi
Kizhakke Purayil Gopanalan
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
