The High Court of Kerala dismissed two Regular First Appeals as withdrawn after the appellants informed the court that the underlying disputes had been settled out of court but the fact of settlement was disputed by respondents.
Regular First Appeals dismissed as withdrawn; pending interlocutory applications dismissed.
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 SATHISH NINAN
THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945
RFA NO. 31 OF 2023
AGAINST THE ORDER DATED 19-09-2022 IN OS 346/2014 OF PRINCIPAL SUB COURT, THRISSUR.
APPELLANTS/PLAINTIFFS & DEFENDANT NO.6 :
1 GEETHA @ SANGEETHA RAJESH, AGED 52 YEARS, D/O T.K.BALAN, THOTTIPARAMBIL HOUSE, W/O RAJESH, NOW RESIDING AT : COIMBATORE,5601, DHANALAXMIPURAM, A3, AKASH HOUSE, GOLDEN ENCLAVE, TRICHI ROAD, COIMBATORE – 641 005.2 SHOBHANA, AGED 60 YEARS, D/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE, W/O SHAYAM T.G., RESIDING AT D2-9 KASILWALPPORVA. OPP. -AIRPORT, AURANGABAD, CHIKALTHNA, MAHARASTRA NOW RESIDING AT : POVIL HOUSE ,PANIKAR ROAD, POTTORE P.O , THIROOR , THRISSUR, PIN – 680 581.BY ADVS.ATUL SOHAN, R.REJI (ATTINGAL)
SREEJA SOHAN K. & K.V.SOHAN.
RESPONDENTS/DEFENDANTS 3, LRS OF D2 & D5:
1 RAMADAS, AGED 59 YEARS, S/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE, PERUMBULLI DESOM, CHEVOOR VILLAGE, THRISSUR – 680 562.2 JAYALATHA, AGED 60 YEARS, W/O DAYANANDAN, THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.3 NIKHIL CHAKRAVARTHY, AGED 36 YEARS, S/O DAYANANDAN THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.RFA Nos.31 & 24 of 2023
-: 2 :-
4 NITHUN CHAKRAVARTHY, AGED 33 YEARS, S/O DAYANANDAN THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.5 SARASWATHY, AGED 55 YEARS, D/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE, PERUMBULLI DESOM, CHEVOOR VILLAGE, THRISSUR – 680 562.BY ADVS.ABRAHAM MATHAN FOR R1,
A.MUHAMMED MUSTHAFA &
ABHILASH A J FOR R2 TO R4.
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY
HEARD ON 15.06.2023, ALONG WITH RFA.24/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.31 & 24 of 2023
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA,
1945
RFA NO. 24 OF 2023
AGAINST THE ORDER DATED 19-09-2022 IN OS 1693/2012 OF PRINCIPAL SUB COURT, THRISSUR.
APPELLANTS/PLAINTIFFS:
1GEETHA @ SANGEETHA RAJESH,
AGED 52 YEARS, O T.K.BALAN,
THOTTIPARAMBIL HOUSE, W/O RAJESH,
NOW RESIDING AT : COIMBATORE, 560/1,
DHANALAXMIPURAM, A3, AKASH HOUSE,
GOLDEN ENCLAVE, TRICHI ROAD,
COIMBATORE – 641 005.
2SHOBHANA, AGED 60 YEARS,
D/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE,
W/O SHAYAM T.G., RESIDING AT D2-9
KASILWALPPORVA. OPP. -AIRPORT,
AURANGABAD, CHIKALTHNA, MAHARASTRA
NOW RESIDING AT : POVIL HOUSE,
PANIKAR ROAD, POTTORE P.O , THIROOR ,
THRISSUR, PIN – 680 581.
BY ADVS.ATUL SOHAN, R.REJI (ATTINGAL)
SREEJA SOHAN K. & K.V.SOHAN
RESPONDENT/S:
1RAMADAS, AGED 59 YEARS,
S/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE,
PERUMBULLI DESOM, CHEVOOR VILLAGE,
THRISSUR – 680 562.
RFA Nos.31 & 24 of 2023
-: 4 :-
2 JAYALATHA, AGED 60 YEARS, W/O DAYANANDAN, THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.3 NIKHIL CHAKRAVARTHY, AGED 36 YEARS, S/O DAYANANDAN THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.4 NITHUN CHAKRAVARTHY, S/O DAYANANDAN THOTTIPARAMBIL HOUSE, VALLACHIRA – 680 562.5 SARASWATHY, AGED 55 YEARS, D/O LATE T.K.BALAN, THOTTIPARAMBIL HOUSE, PERUMBULLI DESOM, CHEVOOR VILLAGE, THRISSUR – 680 562.6 LAKSHMI TILES, REGD. PARTNERSHIP FIRM, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK, REP. BY ITS PRESENT MANAGING PARTNER NARAYANAN, S/O KUROOR JANAKI AMMA, CHITTISSERY DESOM, NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK, PIN – 680 301. BY ADVS. ABRAHAM MATHAN FOR R1 A.MUHAMMED MUSTHAFA & ABHILASH A J FOR R2, R3 & R4THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY
HEARD ON 15.06.2023, ALONG WITH RFA.31/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J. ==============================
RFA Nos.31 & 24 of 2023
==========================
Dated this the 15th day of June, 2023
JUDGMENT
The appellants have filed a memo stating that
the disputes have been settled out of court. The
factum of settlement is disputed by respondents 2
to 4. However, the appellants do not wish to
prosecute the appeals. Without prejudice to the
rights of the parties, the Regular First Appeals
are dismissed as withdrawn.
All pending interlocutory applications will
stand dismissed.
Sd/-Sathish Ninan, Judge
amk
APPENDIX OF RFA 24/2023
PETITIONERS’ ANNEXURES :
Annexure-1Agreement executed by the Appellants,
Respondents and Third Party
RFA Nos.31 & 24 of 2023 -2-
APPENDIX OF RFA 31/2023
PETITIONER ANNEXURES
Annexure-1Agreement Executed by the appellants,
Respondents and Third Party
2 issues framed by the court
Whether the appellants are entitled to set aside the dismissal of their appeals on the ground that the dispute has been compromised.
Whether the compromise agreement alleged by the appellants is admissible to defeat the appeal.
Geetha @ Sangeetha Rajesh
Shobhana
Ramadas
Jayalatha
Nikhil Chakravarthy
Nithun Chakravarthy
Sathish Ninan
As recorded by the court registry
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