The High Court of Kerala dismissed two appeals filed regarding a civil decree under Order IV Rule 2 CPC as both parties reached a settlement, rendering the appeals moot.
The appeals were dismissed as the parties had settled the dispute 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
WEDNESDAY, THE 20th DAY OF JULY 2022 / 29TH ASHADHA, 1944
FAO (RO) NO. 61 OF 2014
AGAINST THE JUDGMENT DATED 21.11.2013 IN AS No.107/2010 OF DISTRICT
COURT, PATHANAMTHITTA
JUDGMENT AND DECREE DATED 12.07.2010 IN OS No.443/2006 OF MUSNIFF
COURT, ADOOR
APPELLANT (1st RESPONDENT IN THE COURT BELOW AND PLAINTIFF IN THE
TRIAL COURT):
RAGHAVAN PILLAI VIJAYAN PILLAI (P.R.VIJAYAN PILLAI), AGED 51 YEARS, PADEETTETHIL, KATTACHIRA, PALLICKAL P.O., BHARANICKAVU VILLAGE, MAVELIKARA TALUK, ALAPPUZHA - 69.
BY ADVS DR.V.N.SANKARJEE
SRI.S.SIDHARDHAN
RESPONDENTS (APPELLANT AND RESPONDENTS 2 & 3 IN THE COURT BELOW AND
DEFENDANTS 1 TO 3 IN THE TRIAL COURT):
THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING COME UP FOR ADMISSION ON 20.07.2022, ALONG WITH FAO (RO).92/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO (RO) Nos.61 & 92 of 2014
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 20th DAY OF JULY 2022 / 29TH ASHADHA, 1944
FAO (RO) NO. 92 OF 2014
AGAINST THE JUDGMENT DATED 21.11.2013 IN AS No.107/2010 OF DISTRICT
COURT, PATHANAMTHITTA
JUDGMENT AND DECREE DATED 12.07.2010 IN OS No.443/2006 OF MUSNIFF
COURT, ADOOR
APPELLANT/APPELLANT/3rd DEFENDANT:
VENKITACHALA SARMA, AGED 51 , S/o NEELAKANDA IYER, THADATHIVILA PUTHEN MADATHIL, KONNAMANKARA MURI, ADOOR VILLAGE, ADOOR TALUK
BY ADVS. SRI.K.SHAJ
SRI.SAJJU.S
RESPONDENTS/RESPONDENTS/PLAINTIFF, DEFENDANTS 1 & 2:
THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING COME UP FOR
ADMISSION ON 20.07.2022, ALONG WITH FAO (RO).61/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO (RO) Nos.61 & 92 of 2014
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JUDGMENT
Both the appeals are not pressed into service in view
of the settlement arrived at by the parties. Hence, both the appeals are dismissed as settled out of court.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Raghavan Pillai Vijayan Pillai
Venkatachala Sharma
Kuttan Nair Ajithkumar
Maya T.S.
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
