The High Court of Kerala allowed a first appeal regarding remand orders after the parties settled their disputes amicably. The court accepted a joint compromise petition filed under Order 23 Rule 3 CPC.
The decree and judgment of the courts below were set aside and a decree was passed in terms of the 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 SATHISH NINAN
THURSDAY, THE 22ND DAY OF AUGUST 2019 / 31ST SRAVANA, 1941
FAO (RO).No.15 OF 2015
AGAINST THE DECREE AND JUDGMENT IN AS 10/2013 DATED 08-07-2014 OF ADDITIONAL DISTRICT COURT, TIRUR
AGAINST THE DECREE AND JUDGMENT IN OS 119/2005 DATED 25-10-2012 OF SUB COURT, TIRUR
APPELLANT/ 2ND RESPONDENT / PLAINTIFF:
OLAKKARA ABDUL HAMEED S/O.MOHAMMEDKUTTY, MATTATHOOR AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 528.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENTS/ RESPONDENTS 7 AND 8/ APPELLANTS:
1 OLAKKARA KADIYUMMA
W/O.KUNHAMMED MASTER, IRINGALLUR AMSOM, KUZHIPURAM DESOM, TIRURANGADI TALUK, P.O. IRINGALLUR, MALAPPURAM DISTRICT.
2 OLAKKARA MARIYUMMA W/O.KAITHAVALAPPIL KADER HAJI, VENGARA AMSOM, KUTTUR DESOM, VENGARA POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT 676 528.
ADDL.R 3 PURUSHOTHAMAN, 3 S/O.VELAYUDHAN,PATTAYIL HOUSE, OORAKAM MELMURI AMSOM, OORAKAM MELMURI DESOM, TIRURANGADI TALUK, OORAKAM MELMURI P.O., MALAPPURAM DISTRICT-676 519.
ADDL.R 4 ASHRAF, 4 S/O.MAMMU,'MUSLIYAR KARUKAYIL', MATTATHUR AMSOM, MATTATHUR DESOM, TIRURANGADI TALUK, MATTATHUR P.O.,MALAPPURAM DISTRICT-676 528.
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FAO (RO).No.15 OF 2015
ADDL.R 5 ANIL KUMAR P.P., 5 S/O.LAKSHMI, PUTHIYAPARAMBIL HOUSE, MALAPPURAM AMSOM, KEEZHMURI DESOM,ERNAD TALUK, MALAPPURAM DISTRICT-676 505.
ADDL.R 6 RAZIYA, 6 W/O.MOIDUTTY,OLAKARA HOUSE, MATTATHUR AMSOM, MATTATHUR DESOM, TIRURANGADI TALUK, MATTATHUR P.O., MALAPPURAM DISTRICT-676 528.
ADDL.R3 TO R6 ARE IMPLEADED VIDE ORDER DATED 6.2.2018 IN I.A.917/2017.
R1 BY ADV. SRI.HARISH R. MENON R1 BY ADV. SRI.K.T.SHYAMKUMAR R1 BY ADV. SMT.SONIYA SUNNY R2 BY ADV. SRI.ARUN MATHEW VADAKKAN R2 BY ADV. SRI.K.P.SUDHEER R3-6 BY ADV. SRI.P.M.RAFIQ
THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING BEEN FINALLY HEARD ON 06-02-2018, THE COURT ON 22-08-2019 DELIVERED THE FOLLOWING:
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FAO (RO).No.15 OF 2015
JUDGMENT
Pending the appeal, the parties have settled their disputes amicably. They have filed a joint compromise petition in terms of Order 23 Rule 3 of the Code of Civil Procedure, setting out the terms of compromise. The decree and judgment of the courts below are set aside and a decree is passed in terms of the compromise. I.A.No.1 of 2019 will form part of the judgment.
Sd/-
SATHISH NINAN
JUDGE
rsr
1 issue framed by the court
Whether a compromise petition filed before this court should be accepted.
OLAKKARA ABDUL HAMEED
OLAKKARA KADIYUMMA
OLAKKARA MARIYUMMA
PURUSHOTHAMAN
ASHRAF
ANIL KUMAR P.P.
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
