The High Court of Kerala at Ernakulam disposed of a Regular Second Appeal on the day of hearing. The court granted the appellants' permission to withdraw the matter as it was settled out of court and dismissed the appeal accordingly.
Permission to withdraw the appeal was granted; the appeal was dismissed as withdrawn.
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 A. BADHARUDEEN
THURSDAY, THE 14TH DAY OF DECEMBER 2023 / 23RD AGRAHAYANA, 1945
RSA NO. 599 OF 2022
AGAINST THE DECREE AND JUDGMENT DATED 30.11.2019 IN O.S.NO.113/2016
OF MUNSIFF COURT, ERATTUPETTA AND THE DECREE AND JUDGMENT DATED
8.6.2022 IN A.S.NO.22/2020 OF SUB COURT, PALA
APPELLANTS/APPELLANTS/PLAINTIFFS:
1T.K.VIJAYAN
AGED 62 YEARS
S/O KUTTAPPAN, THATTAPARAMBIL HOUSE, PLASSANAL P.O.,
THALAPPALAM VILLAGE, KOTTAYAM-686579.
2K. K. REGHU,
S/O KUTTAPPAN, AGED 61 YEARS, KUNNETHOTTATHIL HOUSE,
PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.
3SANMARGAPOSHINI KERALEEYA VELANMAHA SABHA NO. 6,
MELAMPARA SAKHA YOGAM, REPRESENTED BY K. K. SOMAN, S/O
KUTTAPPAN, AGED 55 YEARS, KUNNETHOTTATHIL HOUSE,
PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.
MEENACHIL TALUK
4T. K. VIJAYAN,
AGED 51 YEARS, THATTAPARAMBIL HOUSE, SECRETARY, KERALA
VELAN MAHASABHA NO. 98, THALAPPALAM SAKHA YOGAM,
PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.
5THANKAPPAN,
S/O GOVINDAN, AGED 71 YEARS, CHERUVIL HOUSE, PLASSANAL
P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.
BY ADVS.
C.R.SYAMKUMAR
S.PRASANTH
SOORAJ T.ELENJICKAL
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
ALEESHA SHEREEF
RSA NO. 599 OF 2022 2
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 GOPINATHAN AGED 61 YEARSS/O DIVAKARAN, MANGATTUKUNNEL HOUSE, PLASSANAL P.O.,
THALAPPALAM VILLAGE, KOTTAYAM-686579.
2 SALIM KUMAR, S/O GOVINDAN, AGED 60 YEARS, THANNIKKAL HOUSE, PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.3 ANIL KUMAR, S/O SUKUMARAN, AGED 47 YEARS, MATTATHIL HOUSE, PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.4 DIVAKARAN, AGED 83 YEARS, MANGATTUKUNNEL HOUSE, PLASSANAL P.O., THALAPPALAM VILLAGE, KOTTAYAM-686579.5 SOMASUNDARAM,AGED 55 YEARS, MILLAKKANIYIL HOUSE, PLASSANAL P.O.,
THALAPPALAM VILLAGE, KOTTAYAM-686579. MEENACHIL TALUK.
R1 TO R3 BY ADVS.
BABY THOMAS
K.ANIL JOSEPH
GEORGE T.J
MARIAMMA JOSEPH
INDRAJITH S KAIMAL
ALICIA JOSE
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
14.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 599 OF 2022 3
JUDGMENT
Dated this the 14th day of December, 2023
When this Regular Second Appeal came up for consideration, the learned counsel for the appellants sought permission to withdraw this appeal, since the matter has been settled out of court. A memo to that effect also has been filed as on 10.11.2023.
Hence, permission granted and this appeal is dismissed as withdrawn.
Registry is directed to forward a copy of this judgment to the trial court and the appellate court, for information and future guidance.
Sd/-
A. BADHARUDEEN JUDGE
Bb
T.K.VIJAYAN
K. K. REGHU
SANMARGAPOSHINI KERALEEYA VELANMAHA SABHA NO. 6
T. K. VIJAYAN
THANKAPPAN
GOPINATHAN
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court