Two regular second appeals were finally heard. The appellant submitted that the matter had been settled out of court amicably between the parties, and the court recorded this submission.
Both regular second appeals were dismissed as the matter was 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.SOMARAJAN
THURSDAY ,THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940
RSA.No. 909 of 2006(G)
AGAINST THE ORDER DATED 20.3.06 IN AS 30/2003 of SUB COURT, THIRUVALLA
AGAINST THE JUDGMENT AND DECREE DATED 31.10.02 IN OS 720/1997 of MUNSIFF COURT, THIRUVALLA
APPELLANT/PETITIONER/PLAINTIFF:
ABRAHAM CHACKO, AGED 73 YEARS CHATHENKERIL HOUSE, STADIUM ROAD, THUIKALASSERY,, THIRUVALLA FROM CHATHENKERIL VEEDU,PADINJATTUMMURI, THIRUVALLA TALUK.
BY ADV. SRI.P.HARIDAS
RESPONDENT/COUNTER PETITIONERS/RESPONDENTSS:
1 JOSHY (NAME CORRECTED) KOTTAYIL HOUSE, PADINJATTUM MURI, NIRANAM VILLAGE,, THIRUVALLA TALUK.
2 P.C. MATHEW PADINJARE CHATHENKERIL VEETIL, PADINJATTUM MURI,, NIRANAM VILLAGE, THIRUVALLA TALUK.
3 OOMMEN P. OOMMEN, S/O. THOMAS PADINJARE CHATHENKERIL VEETTIL,PADINJATTUM MURI,, NIRANAM VILLAGE, THIRUVALLA TALUK.
THE NAME OF THE 1ST RESPONDENT IS CORRECTED AS 'JOHNY' INSTEAD OF 'JOSHY' AS PER THE ORDER DATED 23.03.2018 IN I.A. 2204/2009
R1 + R2 BY ADVS. SRI.GEORGE CHERIAN (SENIOR) SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2019, ALONG WITH RSA.189/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 909 of 2006 &
RSA No.189 of 2009 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940
RSA.No.189 of 2009
AGAINST THE JUDGMENT & DECREE DATED 27-09-2008 IN AS 86/2004 OF SUB COURT, THIRUVALLA
AGAINST THE JUDGMENT & DECREE DATED 31.7.2004 IN OS 230/1998 OF MUNSIFF COURT, THIRUVALLA
APPELLANT/APPELLANT/PLAINTIFF:
ABRAHAM CHACKO, AGED 73, S/O.ABRAHAM, CHATHENKERIL HOUSE, STADIUM ROAD, THUKALASSERY, THIRUVALLA FROM CHATHENKAERIL HOUSE, PADINJATUM MURI, NIRANAM VILLAGE, THIRUVALLA TALUK.
BY ADV. SRI.P.HARIDAS
RESPONDENTS/RESPONDENTS/DEFENDANTS:
RSA.No. 909 of 2006 &
RSA No.189 of 2009 3
BY ADVS.
SRI.C.M.SURESH BABU,SC,B.S.N.LTD.- R2 & R3 SRI.MATHEW K.PHILIP C.G.C - R1 SRI.P.A.AUGUSTINE,SC,BHARAT SANCHAR NIG -R2 & R3
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.02.2019, ALONG WITH RSA.909/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.No. 909 of 2006 &
RSA No.189 of 2009 4
JUDGMENT
The learned counsel for the appellant fairly
submitted that the matter has been settled out of court amicably between the parties. The submission is recorded. Hence, both these appeals are dismissed as settled out of court.
Sd/-
P.SOMARAJAN,
JUDGE
pm
// TRUE COPY // PA TO JUDGE
ABRAHAM CHACKO
UNION OF INDIA
JOHNY
P.C.MATHEW ALIAS JOY
OOMMEN P.OOMMEN
SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
