Regular first appeal against a trial court judgment and decree in a partition suit was settled out of court by the parties, who filed a compromise petition under Order XXIII Rule 3 CPC. The High Court recorded the compromise, allowed the interlocutory application, and disposed of the appeal in terms of the compromise.
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
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
RFA NO. 293 OF 2018
[AGAINST THE JUDGMENT DATED 31.03.2018 IN OS NO.17 OF 2015 OF SUB COURT, KASARAGOD]
APPELLANT/DEFENDANT:
M.DAKSHAYANI AMMA, W/O.LATE KUNHAMBU NAIR (LATE), AGED 88,C/O.GOPALAKRISHNAN,RESIDING AT PAZHINATTAMKOZHUVIL,NEELESWAR P.O., NEELESWAR VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS.
SRI.K.RAMACHANDRAN SMT.NITHYA VIJAYAN SRI.T.P.PRADEEP SRI.S.SREEDEV SRI.P.K.SATHEESH KUMAR
RESPONDENTS/PLAINTIFFS 1 TO 4 & 6 TO 16:
1 MADHAVAN NAMBIAR(DIED)
3 ANANTHAN NAMBIAR
AGED 71 YEARS, S/O.KUNHAMBU NAIR AND MELATH LAKSHMI AMMA,RESIDING AT KOTTARAKKARA BHAVAN,P.O.KANATHUR,
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MULIYAR VILLAGE,KASARAGOD TALUK, PIN - 671 541.
4 M.VIJAYAN NAMBIAR AGED 71 YEARS, S/O.KUNHAMBU NAIR AND MELATH LAKSHMI AMMA,RESIDING AT SRABI, NEAR G.H.S.PAYYANNUR,P.O.PAYYANNUR, TALIPARAMBA TALUK,PIN - 670 141.
5 M.INDIRA
AGED 65 YEARS, W/O.LATE JANARDHANAN NAMBIAR,RESIDING AT KOTTARAKKARA BHAVAN,P.O.KANATHUR, MULIYAR VILLAGE,KASARAGOD TALUK, PIN - 671 541.
6 M.PAVITHRAN NAMBIAR
AGED 63 YEARS, S/O.KUNHAMBU NAIR AND MELATH LAKSHMI AMMA,RESIDING AT PUDUKAI, NEELESHWAR,PUDUKAI VILLAGE, HOSDURG TALUK,PIN - 671 314.
7 M.GEETHA
AGED 61 YEARS, W/O.RAVEENDRAN,RESIDING AT KOTTARAKKARA BHAVAN,KANATHUR, MULIYAR VILLAGE,KASARAGOD TALUK, PIN - 671 541.
9 BHAGEERATHI AMMA AGED 77 YEARS, W/O.KUNHIKANANNAN,RESIDING AT MEPUGIRI, KASARAGOD - 671 123.
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AT MEPUGIRI, KASARAGOD - 671 123.
AGED 38 YEARS, D/O.LATE KUNHIKANNAN NAMBIAR,RESIDING AT MEPUGIRI,KASARAGOD - 671 123. (NOS.9 TO 12 ARE WIFE AND CHILDREN OF LATE M.KUNHIKANNAN NAMBIAR,RESIDING AT MEPUGIRI, KASARAGOD).
13 MEERA K.NAMBIAR AGED 59 YEARS, W/O.LATE KUNHAMBU NAMBIAR,RESIDING AT ANUPAMA, KUNIYAL,THAZHAZTH MALAPARAMBA P.O.,KOZHIKODE - 673 009.
14 AMAL KUNHAMBU AGED 36 YEARS, S/O.LATE KUNHAMBU NAMBIAR,RESIDING AT 'ANUPAMA', KUNIYAL THAZHATH,MALAPARAMBA P.O., KOZHIKODE - 673 009.
15 AMRITHA K.NAMBIAR AGED 31 YEARS, D/O.LATE KUNHAMBU NAMBIAR,RESIDING AT 'ANUPAMA', KUNIYAL THAZHAZTH,MALAPARAMBA P.O., KOZHIKODE - 673 009.[NOS.13 TO 15 ARE WIFE AND CHILDRAN OF DECEASED KUHAMBU NAMBIAR,(5TH PLAINTIFF) ALL ARE RESIDING AT 'ANUPAMA', KUNIYAL THAZHATH MALAPARAMBA P.O., KOZHIKODE - 673 009.
16 A.C SATHEE DEVI AGED 72 YEARS W/O LATE JANARDHANAN NAMBIAR,RESIDING AT KALLYANATH HOUSE,ECHIKKANAM,ANNDASHRAMAM(VIA),HOSDURG TALUK.
18 A.C SINI AGED 42 YEARS D/O.LATE JANARDHANAN NAMBIAR, RESIDING AT KALLYANATH HOUSE, ECHIKKANAM,ANANDASHRAMAM(VIA), HOSDURG TALUK.
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ADDITIONAL R19 TO R22 SOUGHT TO BE IMPLEADED
| 19 | SREEDEVI AMMA, AGED 72 YEARS, W/O.OF MADHAVANN NAMBIAR, RESIDING AT KODOTH HOUSE, KUDARNAKUZHI, KASARGOD TALUK, PIN- 671 541 |
|---|---|
| 20 | M.K.SUDHEER RAJ, AGED 51 YEARS, S/O.OF MADHAVANN NAMBIAR, RESIDING AT KODOTH HOUSE, KUDARNAKUZHI, KASARGOD TALUK PIN- 671 541 |
| 21 | M.K.SANTHOSH KUMAR, AGED 49 YEARS, S/O.OF MADHAVANN NAMBIAR, RESIDING AT KODOTH HOUSE, KUDARNAKUZHI, KASARGOD TALUK PIN- 671 541 |
| 22 | M.K.SARIJA AGED 47 YEARS, S/O.OF MADHAVANN NAMBIAR, RESIDING AT KODOTH HOUSE, KUDARNAKUZHI, KASARGOD TALUK PIN- 671 541 |
| 23 | N T SWARNALATHA, ( SOUGHT TO BE IMPLEADED ) W/O (LATE) GANGADHARAN NAMBIAR, RESIDING AT NEELAGIRI, KOOTHUPARAMBA, KANNUR DISTRICT, ( SOUGHT TO BE IMPLEADED ) |
| 24 | N T RAJESH, ( SOUGHT TO BE IMPLEADED ) S/O (LATE) GANGADHARAN NAMBIAR, RESIDING AT NEELAGIRI, KOOTHUPARAMBA, KANNUR DISTRICT, ( SOUGHT TO BE IMPLEADED ) |
| BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU |
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This RFA is directed against the judgment and decree dated 31.03.2018 in O.S.No.17 of 2015 on the file of the Sub Court, Kasaragod.
2. The appellant is the defendant and the respondents are the plaintiffs 1 to 4 and 6 to 16 before the trial court. The suit was filed for partition.
3. During the pendency of the matter, the appellant and the respondents have settled the case out of court. They have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure by way of I.A.No.1 of 2024 before this Court. On going through the terms of compromise, in clause 11 of I.A.No.1 of 2024 (Compromise agreement), parties have stated that non-judicial stamp paper of requisite value for engrossing final decree will be produced before the trial court. It
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is clear from the terms of compromise that the parties have settled the case out of court. The compromise is recorded and I.A. is allowed.
Resultantly, this RFA is disposed of in terms of compromise. The terms of compromise will form part of the decree. Pending applications, if any,
stand closed.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
MBS/
1 issue framed by the court
Whether the RFA could be disposed of in terms of the out-of-court compromise recorded under Order XXIII Rule 3 CPC.
1 provisions across 1 enactments
M.Dakshayani Amma
Madhavan Nambiar
M.Gangadharan Nambiar
Ananthan Nambiar
M.Vijayan Nambiar
M.Indira
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
