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Joseph Vs Aleyamma — Succession and Inheritance | Kerala HC (2019)

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Kerala HC
2019
Joseph Vs AleyammaJoseph v. Aleyamma

Dismissed

Joseph v. Aleyamma

Kerala HC7 Mar 2019RSA/932/2004

Case brief

AI extract

What is this about?

The High Court dismissed the regular second appeals and cross objection as settled between the parties. No detailed reasoning was provided.

What did the court decide?

Appeals and cross objection dismissed as settled.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

THURSDAY, THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

RSA.No. 932 of 2004 (C)

AGAINST THE DECREE AND JUDGMENT DATED 27.10.2003 IN AS No.198/1999 of ADDITIONAL DISTRICT COURT, KOTTAYAM

AGAINST THE DECREE AND JUDGMENT DATED 31.03.1999 IN OS No.164/1995 of MUNSIFF COURT, VAIKOM

APPELLANTS – RESPONDENTS-PLAINTIFFS:

1 JOSEPH, S/o KURIAN, KAIPILLIL MYALIL, ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK.

(DIED, LRs IMPLEADED)

2 JOY, S/o KORAHA, ERANNAPARAMBIL, DO. DO.

Parties & counsel

AI extract

appellant
Joseph
appellant
Joy
appellant
Lissy
appellant
Sajimon Joseph
respondent
Aleyamma
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 7 Mar 2019 · March
Registered: 23 Jul 2004
Case no.: RSA/932/2004

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Cite this judgement

Joseph v. Aleyamma, RSA/932/2004 (KL), decided on 7 March 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P. Somarajan and S. Peter

Parties & counsel

Outcome

Appeals and cross objection dismissed as settled.

Detailed headnote1 paragraphs

When it appears from the submissions of counsel that the matter is settled between the parties, both the appeals and cross objection stand dismissed as settled out of court. No elaboration on the specific outcome of the settlement was recorded in this order.

A compact analysis

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.

3 LISSY, W/o JOY, DO. DO.

1 st APPELLANT DIED & ADDL. 4 th APPELLANT IS IMPLEADED

ADDL.4 SAJIMON JOSEPH, S/o LATE JOSEPH, KAIPPILLIL MYALIL, ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK.

(THE LEGAL REPRESENTATIVE OF DECEASED APPELLANT No.1 IS IMPLEADED AS 4^th ADDITIONAL APPELLANT AS PER ORDER DATED 10.11.2011 IN I.A.No.2643/11).

BY ADVS.SRI.MATHEW JOHN (K)

SRI.SUJESH MENON V.B. SRI. DOMSON J. VATTAKUZHY

RESPONDENTS – NOT PARTIES – NOT PARTIES:

1 ALEYAMMA, W/o LATE THOMAS, KUDILIL KADIYANKUNNATH, ERAVIMANGALAM KARA, MANJOOOR VILLAGE, VAIKOM TALUK.

2 SAJI THOMAS, S/o LATE THOMAS, DO. DO.

3 REJI THOMAS, S/o. DO. DO.

4 JIJI THOMAS, DO. DO.

5 SHIJI THOMAS, DO. DO.

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.03.2019 ALONG WITH RSA.847/2004. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

R.S.A.Nos.932/04, 847/04 & cross objection 22/05 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

THURSDAY, THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

RSA.No. 847 of 2004 (A)

AGAINST THE DECREE AND JUDGMENT DATED 27.10.2003 IN AS No.199/1999 of ADDITIONAL DISTRICT COURT, KOTTAYAM

AGAINST THE DECREE AND JUDGMENT DATED 31.03.1999 IN OS No.226/1995 of MUNSIFF COURT, VAIKOM

APPELLANT/RESPONDENT/DEFENDANT:

JOSEPH, S/o KURIAN, AGED 58 YEARS, RESIDING AT KAIPPILLIL MYALIL, ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

(DIED, LRs IMPLEADED) ADDL. APPELLANT No.2 SAJIMON JOSEPH, S/o LATE JOSEPH, KAIPPILLIL MYALIL, ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK.

(LEGAL HEIR OF DECEASED SOLE APPELLANT IMPLEADED AS ADDL. 2^nd APPELLANT AS PER THE ORDER DATED 10.11.2011 IN I.A.No.2649/2011).

BY ADVS.SRI.MATHEW JOHN (K) (ADDL. A2) SRI.DOMSON J.VATTAKUZHY (ADDL.A2)

SRI.SUJESH MENON V.B.

RESPONDENT/APPELLANT/PLAINTIFF:

1 ALEYAMMA, W/o LATE THOMAS, KUDILIL KADIYANKUNNATH, ERAVIMANGLAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

2 SAJI THOMAS, S/o LATE THOMAS. OF DO. DO.

3 REJI THOMAS, S/o OF DO. DO. 4 JIJI THOMAS, DO. DO.

5 SHIJI THOMAS OF DO. DO.

BY ADV. SRI.T.I.ABDUL SALAM FOR R1 TO R5

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 07.03.2019 ALONG WITH RSA.932/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

R.S.A.Nos.932/04, 847/04 & cross objection 22/05 3

JUDGMENT

It is submitted by the learned counsel for appellants

that the matter is settled between the parties. Hence, both the appeals and cross objection are dismissed as

settled out of court.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

R.S.A.Nos.932/04, 847/04 & cross objection 22/05 4

APPENDIX OF RSA No.932/2004

APPELLANTS' ANNEXURE

ANNEXURE A PHOTOSTAT COPY OF THE WILL DATED 6.8.2011

RESPONDENTS' NIL ANNEXURE

// TRUE COPY //

P.A. TO JUDGE

Saji Thomas

Coram

AI extract

P. Somarajan
S. Peter

CNR

KLHC010292402004

Topic

Succession and Inheritance

Bench

Disposal

SETTLED

7 Mar 2019

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7 Mar 2019