Allowed

Valiya Kambrath Krishna Pothuval (Died) (Lrs Impleaded) v. Vadakkeputhalath Sarada

Kerala HC18 Sept 2020RSA/27/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a Regular Second Appeal filed under the Hindu Adoption and Maintenance Act, 1956 or Hindu Succession Act, in which a settlement was reached during pendency. Upon recording the compromise, the appeal was allowed in terms of the settlement.

What did the court decide?

Compromise recorded and Regular Second Appeal allowed in terms of the settlement.

Valiya Kambrath Krishna Pothuval (Died) (Lrs Impleaded) Vs… — Partition | Kerala HC (2020)

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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 C.S.DIAS

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942

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RSA.No.27 OF 2011

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AGAINST THE ORDER/JUDGMENT IN AS 59/1999 DATED 20-11-2010 OF SUB COURT, PAYYANNUR

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AGAINST THE ORDER/JUDGMENT IN OS 151/1996 DATED 09-07-1999 OF MUNSIFF COURT, PAYYANNUR

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APPELLANTS:

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1 VALIYA KAMBRATH KRISHNA POTHUVAL (DIED) (LRS IMPLEADED)

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S/O.CHIRI, PANAPPUZHA AMSOM,, KAITHAPRAM, KANNUR

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DISTRICT.

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ADDL A.KRISHNAN A2 AGED 66 YEARS S/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL, ATHAI HOUSE, KANDONTHAR, MATHAMANGALAM P.O., KANNUR.

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ADDL KUNHIRAMAN. A, A3 AGED 63 YEARS

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S/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL, ABHI NIVAS, ANNUR, ANNUR POST, KANNUR.

¶15

ADDL SAVITHRI A., A4 AGED 60 YEARS D/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL, RAGHAVAM HOUSE, NEAR SS TEMPLE, WEST NADA PAYYANUR, KANNUR.

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ADDL OMANA, A5 AGED 56 YEARS D/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL,SREE HOUSE, NEAR MAHA VISHNU TEMPLE, ANNUR P.O., KANNUR.

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ADDL SUSHEELA, A6 AGED 54 YEARS D/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL,SANGEETHA NILAYAM, KAITHAPRAM, MATHAMANGALAM P.O., VIA M.M.BAZAR, KANNUR.

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ADDL PRASANNA KUNHIRAMAN, A7 AGED 50 YEARS D/O.LATE VALIYA KAMBRATH KRISHNA POTHUVAL, KAMBRATH HOUSE, KUNNATH MANA ROAD,

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RSA.No.27 OF 2011

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KANDANGALI, PAYYANUR, KANNUR.

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(THE LEGAL REPRESENTATIVES OF THE DECEASED FIRST APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 to 7 AS PER ORDER DATED 18.09.2020 IN IA.2/2019.)

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BY ADVS. SRI.L.RAJESH NARAYAN SRI.L.RAJESH NARAYAN

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RESPONDENTS:

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1 VADAKKEPUTHALATH SARADA D/O.LATE VALIYA KAMBRATH GOVINDA POTHUVAL,, R/AT PANAPUZHA AMSOM, KAITHAPRAM,, KANNUR DISTRICT-670 306.

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2 VADAKKEPUTHALATH PARVATHI AMMA PANAPUZHA AMSOM, KAITHAPRAM,, KANNUR DISTRICT-670 306.

¶27

3 SREEDEVI D/O.VADAKKEPUTHALATH PARVATHI AMMA,, PANAPUZHA AMSOM, KAITHAPRAM DESOM,, KANNUR DISTRICT-670 306.

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R1 BY ADV. SRI.M.H.HUBAISE R1 BY ADV. SRI.MAHESH V RAMAKRISHNAN

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RSA.No.27 OF 2011

JUDGMENT

Dated this the 18th day of September 2020

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This RSA is filed to set aside the judgment and decree dated 20.11.2010 in AS.No.59 of 1999 on the file of the Court of the Subordinate Judge, Payyannur.

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During the pendency of the appeal, the appellants and the 1^st respondent have arrived at settlement.

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Pursuant to the settlement, they have filed I.A.No 1 of 2020, annexing the terms of settlement. They have prayed that the terms of settlement may be recorded and the appeal be allowed.

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In the result, IA No.1 of 2020 is allowed, the compromise arrived at between the parties is recorded. The Regular Second Appeal is allowed in terms of compromise, which shall form a part of this judgment.

Sd/-

C.S.DIAS

JUDGE

ska

Valiya Kambrath Krishna Pothuval (Died) (Lrs Impleaded) v. Vadakkeputhalath Sarada

Case brief

What is this about?

What did the court decide?

Valiya Kambrath Krishna Pothuval (Died) (Lrs Impleaded) v. Vadakkeputhalath Sarada

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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