Two appeals arising from separate suits before the Subordinate Judge, Koyilandy, concerning property disputes between defendants and plaintiff claimants, were dismissed after both parties settled the matter 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946
AS NO. 389 OF 2002
AGAINST THE JUDGMENT AND DECREE DATED 21.12.2001 IN OS NO.49 OF
1998 OF THE SUBORDINATE JUDGE, KOYILANDY
APPELLANTS/DEFENDANT:
1PUTHIYOTTIL LEELA AMMA (DIED)
W/O. GOPALA KURUP, RESIDING AT 'VARADA', PERAMBRA AMSOM
AND DESOM, KOYILANDY TALUK.
(***IT IS RECORDED THAT THE FIRST APPELLANT IS NO MORE
AND THE LEGAL HEIRS OF THE DECEASED FIRST APPELLANT ARE
ALREADY IN THE PARTY ARRAY AS APPELLANTS 2 TO 4, VIDE
ORDER DATED 15/3/24 IN MEMO DATED 9/3/24.
2 SMT.SAJITHA KUMARIWO. LATE DIVAKARAN RESIDING IN VARADA, PERAMBRA AMSOM,
DESOM, KOYILANDY TALUK.
3 KUMARI DIVYA DIVAKARAN D/O. DIVAKARAN (MINOR), RESIDING IN VARADA, PERAMBRA AMSOM, DESOM, KOYILANDY TALUK4 MASTER RAHUL DIVAKARAN S/O. DIVAKARAN (MINOR), RESIDING IN VARADA, PERAMBRA AMSOM, DESOM, KOYILANDY TALUK(THE 2ND APPELLANT IS THE MOTHER AND GUARDIAN OF MINOR
CHILDREN)
BY ADVS.
K.JAYESH MOHANKUMAR
M.KRISHNAKUMAR
PRABHA R.MENON
RESPONDENT/PLAINTIFF:
K.RAMESH
S/O KRISHNAN NAIR,
ADVOCATE, PUTHIYOTTIL HOUSE, P.O.PAYYOLI,, KOYILANDY
TALUK.
BY ADVS.
SRI.GHOSH YOHANNAN
SRI.C.D.SHAJU
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 25.03.2024,
ALONG WITH RFA.557/2004, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
A.S.No.389 of 2002 and RFA No.557 of 2004
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946
RFA NO. 557 OF 2004
AGAINST THE JUDGMENT AND DECREE DATED 21.12.2001 IN OS
NO.11 OF 1999 OF SUBORDINATE JUDGE, KOYILANDY
APPELLANTS/DEFENDANTS:
1 PUTHIYOTTIL LEELA AMMA (DIED) D/O LATE KUNHIRAMAN NAIR, AGED 70 YEARS, R/AT 'VARADA' IN ERAVATTUR AMSOM AND KEEZHJANIAM DESOM OF KOYILANDI TALUK, KOZHIKODE DISTRICT (***IT IS RECORDED THAT THE FIRST APPELLANT IS NO MORE AND THE LEGAL HEIRS OF THE DECEASED FIRST APPELLANT ARE ALREADY IN THE PARTY ARRAY AS APPELLANTS 2 TO 4, VIDE ORDER DATED 15/3/24 IN MEMO DATED 9/3/24.2 SAJITHA KUMARI, WO. DIVAKARAN, AGED 36 YEARS, RESIDING IN 'VARADA'IN ERAVATTUR AMSOM AND KEEZHJANIAM DESOM OF KOYILANDI TALUK, KOZHIKODE DISTRICT3 KUMARI DIVYA DIVAKARAN MINOR, AGED 16 YEARS, RESIDING IN 'VARADA' IN ERAVATTUR AMSOM AND KEEZHJANIAM DESOM OF KOYILANDI TALUK, KOZHIKODE DISTRICT4 MASTER RAHUL DIVAKARAN MINOR, AGED 11 YEARS, RESIDING IN 'VARADA'IN ERAVATTUR AMSOM AND KEEZHJANIAM DESOM OF KOYILANDI TALUK, KOZHIKODE DISTRICT(**MINORS REPRESENTED BY THEIR GUARDIAN, THE MOTHER, 2ND APPELLANT)BY ADVS.
VIMAL VIJAY
3
A.S.No.389 of 2002 and RFA No.557 of 2004
K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON (FOR A2 TO A4)
RESPONDENT/PLAINTIFF:
P.P.SHAJI
S/O P.P.NARAYANAN, AGED 34 YEARS, RESIDING AT
'DHANALAKSHMI', VADAKARA AMSOM, DESOM AND TALUK,
KOZHIKODE DISTRICT
BY ADVS.
THUSHARA.V
K.RAKESH ROSHAN
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD
ON 25.03.2024, ALONG WITH AS.389/2002, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
A.S.No.389 of 2002 and RFA No.557 of 2004
4
JUDGMENT Dated this the 25th day of March, 2024
When the case was taken up for consideration today, both parties submitted that the matter has been settled out of Court.
The learned Counsel for the appellant has filed a petition dated 09.03.2024 in both appeals and by order dated 25.03.2024, these petitions are allowed. In the light of the above order, these appeals stand dismissed as settled out of Court.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
Puthiyottil Leela Amma
Sajitha Kumari
Kumari Divya Divakaran
Master Rahul Divakaran
K.Ramesh
P.P.Shaji
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court