This is a first appeal against a decree denying specific performance. The parties filed a compromise agreement under CPC. The High Court upheld the agreement's validity and disposed of the appeal by decreeing in terms of the compromise.
The appeal was disposed of by passing a decree in terms of the compromise agreement filed by the parties.
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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
R.F.A. NO. 132 OF 2012
AGAINST THE JUDGMENT AND DECREE DATED 29.07.2011 IN O.S.NO.265 OF 2008 OF THE SUB COURT, THALASSERY APPELLANT/PLAINTIFF:
KUNHIPURAYIL KHALID, S/O.K.MOOSA, FATHIMASHAN, THIRUVANGAD AMSOM, DESOM, P.O.TEMPLE GATE, TELLICHERRY, KANNUR.
BY ADV SRI.T.M.ABDUL LATHEEF
RESPONDENTS/DEFENDANTS:
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22 NITHIN SADANANDAN, AGED 35 YERAS, S/O.SADANANDAN,458 AADITHYA,PULIYARMALA, KALPETTA,WAYANAD – 673122.**
*IT IS RECORDED THAT THE 1 RESPONDENT IS DIED VIDE ORDER DT.1/7/19 IN MEMO DTD.12/3/19.
APPEAL ABATED AGAINST FIRST RESPONDENT AS PER THE ORDER DATED 06.01.2021 IN RFA.
LEGAL REPRESENTATIVES ARE IMPLEADED AS ADDL. RESPONDENTS 15 TO 17 AS PER ORDER DATED 23.08.2023 IN I.A.NO.1 OF 2021.
**LEGAL REPRESENTATIVES OF THE 3RD RESPONDENT IMPLEADED AS PER ORDER DATED 23.08.2023 IN I.A.NO.4 OF 2021.
***LEGAL HEIRS OF DECEASED R7 IMPLEADED IN THE PARTY ARRAY AS ADDITIONAL RESPONDENTS 13 AND 14 VIDE ORDER DATED 4/4/18 IN IA 2115/2017.
****R8 & R14 DIED AND THEIR LRs. ARE RECORDED AS PER THE ORDER DATED 23.08.2023 IN IA 3/23.
*****R10 & R11 ARE REPRESENTED BY PoA R12 VIDE ORDER DATED 23.08.2023 IN IA 5/2023.
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******AS PER DIRECTION, IT IS RECORDED THAT ADDL.R17, VEENA RAMACHANDRAN IS REPRSENTED BY HER PoA ADDL.R16, SULFATH NOUSHAD @ VIDHYA AND ADDL.R20, ANUSHA KATTARIA IS REPRESENTED BY HER PoA ADDL.R18, PREETHILATHA SADANANDAN.
BY ADVS. SRI.K.V.SOHAN SREEJA SOHAN K. ATUL SOHAN GAYATHRI KRISHNAN
THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL HEARING ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
P.G. Ajithkumar, J.
The plaintiff in O.S.No.265 of 2008 of the Sub Court, Thalassery is the appellant. He filed the suit for a decree of specific performance. As per the judgment dated 29.07.2011, the suit was decreed in part directing the defendants to return the advance sale consideration of Rs.10 lakhs, along with interest to the plaintiff. Aggrieved by the denial of a decree for specific performance, this appeal has been preferred under Order XLIII, Rule 1 of the Code of Civil Procedure, 1908.
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compromise entered into between the parties is lawful. Therefore, the appeal is disposed of by passing a decree in terms of the compromise. A copy of the compromise petition shall form part of this decree. Half of the court fees paid on this appeal will be refunded to the appellant.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF RFA 132/2012
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY 10TH RESPONDENT DATED 6/7/2023 ANNEXURE A2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY 10TH RESPONDENT DATED 6/7/2023 19/6/2023
2 issues framed by the court
Whether the appeal filed against the denekal of specific performance should be allowed.
Whether the compromise agreement entered into by parties is lawful.
2 provisions across 1 enactments
Kunhipurayil Khalid
A.K. Ramachandran (died)
Sister A.K.Vani
Brother A.K.Sadanadan (died)
Sister A.K.Jayasheela
Sister A.K.Jalaja
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
