Joint first appeals dismissed by consent based on a compromise petition filed under Order 23 Rule 3 CPC, wherein appellants received Rs.6 lakh and agreed to close the case.
Half of court fee refunded; appeals disposed in terms of compromise settlement.
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 MRS. JUSTICE MARY JOSEPH
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
RFA.No.353 OF 2014
AGAINST THE JUDGMENT AND DECREE IN O.S.NO.251/2006 DATED
21-12-2013 OF PRINCIPAL SUB COURT, KOLLAM
APPELLANTS/PLAINTIFFS:
*1RAJASEKHARAN PILLAI (DIED)
LEKSHMI NILAYAM, PADINJATTINKARA, KOTTARAKKARA,
NOW RESIDING AT LEKSHMI NILAYAM, THEVALLY P.O.,
KOLLAM-9.
2R.SOBHANAKUMARI AMMA,
W/O.RAJASEKHARAN PILLAI, LEKSHMI NILAYAM,
PADINJATTINKARA, KOTTARAKKARA, NOW RESIDING AT
LEKSHMI NILAYAM, THEVALLY P.O., KOLLAM-9.
3LEKSHMI,
D/O.RAJASEKHARAN PILLAI, LEKSHMI NILAYAM,
PADINJATTINKARA, KOTTARAKKARA, NOW RESIDING AT
LEKSHMI NILAYAM, THEVALLY P.O., KOLLAM-9.
(LEGAL REPRESENTATIVE OF DECEASED A1 IS IMPLEADED AS
ADDITIONAL APPELLANT 3 AS PER ORDER DATED 14/10/2020
IN IA 1/2020)
BY ADVS.
SRI.C.RAJENDRAN
SRI.K.R.RANJITH
RESPONDENT/DEFENDANT:
SUBERKUTTY, S/O.HAMEED KUTTY,
RAHIA MANZIL, VENGAYIL MURI, MYNAGAPPALLY VILLAGE,
KOLLAM-690 519.
BY ADV. SRI.S.MUHAMMED HANEEF
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
01.03.2021, ALONG WITH RFA.448/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RFA.Nos.353 & 448 OF 2014 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
RFA.No.448 OF 2014
AGAINST THE JUDGMENT AND DECREE IN O.S.NO.251/2006 DATED
21-12-2013 OF PRINCIPAL SUB COURT, KOLLAM
APPELLANT/DEFENDENT:
SUBERKUTTY,
S/O.HAMEED KUTTY, RAHIA MANZIL, VENGAYIL MURI,
MYNAGAPPALLY VILLEGE, KOLLAM
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENTS/PLAINTIFFS:
1RAJASEKHARAN PILLAI,
LEKSHMI NILAYAM, PADINJATTINKARA, KOTTARAKKARA,
NOW RESIDING AT LEKSHMI NILAYAM, THEVALLY P.O,
KOLLAM 691 009
2B.SOBHANAKUMARI AMMA, W/O.RAJASEKHARAN PILLAI,
LEKSHMI NILAYAM, PADINJATTINKARA, KOTTARAKKARA,
NOW RESIDING AT LEKSHMI NILAYAM, THEVALLY
P.O,KOLLAM 691 009
R1& R2 BY ADVS. SRI.C.RAJENDRAN SRI.K.R.RANJITH
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
01.03.2021, ALONG WITH RFA.353/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RFA.Nos.353 & 448 OF 2014 3
JUDGMENT
[ RFA.353/2014, RFA.448/2014 ]
Dated this the 1st day of March, 2021
It is submitted by the respective counsel representing the parties in these appeals that the issues involved in O.S.No.251 of 2006 have been settled out of court as per terms entered in the compromise petition filed alongwith the appeal as I.A.No.01 of 2021. The compromise petition is found signed by the respective parties and their counsel. According to them, in view of the compromise entered, the parties are not intending to pursue with the appeals any further.
In the result, the appeals stand disposed of in terms of settlement entered in I.A.No.01 of 2021. The compromise petition shall form part of the judgment. Half of the court fee paid shall be refunded to the appellants in both cases.
Sd/-
MARY JOSEPH
JUDGE
NAB
I
ERNAKULAM
RFA No. 353 of2014
l-
Petitioners/Appellant!-{ c 3 -
Vs.
Respondent/ Responde nt
Suberkutty, S/o.Hameed Kutty, Rahia Manzil, Vengayil Muri, Mynagappally Village, Kollam.
COMPROMISE PETITION FILID ITNDER ORDER 23RII'LE 3 OF THE CPC FILED BY THI IIPPELL/TNTS AND RESPONDENTS JOINTLY
Appellants:
l. Rajasekharan Pillai (Died) n /')
2. sobhanaKumari;;;' fu!@4
3. Lekshmi R Sekhar ./4-tu ;
Respondent: Suberkutty
)
-2-
sum of Rs 6,00,000/-qs ihe full ond finol selilement of the disputes. The Appellont ogreed to close the cqse by filing memo to ihe effect thot
"Appeol is not pressed" before lhis Honouroble Court.
Doted this the I lm doy of Jonuory,2021
Appellonts;
l. Rojosekhoron Pilloi (died)
2.
sobhonokumori Ammo @&"P-r^
? Lekshmi R Sekhor
Counsel for the Appellont
/w aR-{(3)
1olrf
Respondent
Suberkutty
Respondenl Uh---------a-t
.-.-
- h---/
C6w-51t- ,\f A- Rp^a* [---1.-='--u." (|"'tp, a* I --
;;*dyr
RAJASEKHARAN PILLAI (DIED) LEKSHMI NILAYAM, PADINJATTINKARA, KOTTARAKKARA, NOW RESIDING AT LEKSHMI NILAYAM, THEVALLY P.O., KOLLAM-9
R.SOBBHANAKUMARI AMMA
LEKSHMI
SUBERKUTTY
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court