Suit parties settled their dispute out of court pending the appeal; the trial court's judgment and decree were set aside and a fresh decree passed in terms of the compromise under Order XXIII Rule 3 CPC.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
RFA NO. 331 OF 2008
AGAINST THE JUDGMENT AND DECREE DATED 29/09/2007 IN OS.NO.61/1998 OF THE PRINCIPAL SUB COURT, KOLLAM
APPELLANTS/ DEFENDANT NOS.7, 10, 11, 12 AND 8:
5 MURALEEDHARAN PILLAI AGED 50 YEARS, S/O.THANKAMMA AMMA, CHARUVILA, PUTHEN VEEDU, POOTHAKULAM CHERRY, POOTHAKKULAM, VILLAGE, KOLLAM DISTRICT.
ADDL.A6 MANOJ KUMAR, AGED 38 YEARS, S/O.LATE MOHANAN PILLAI, RESIDING AT PARACKAL HOUSE, ELOOR SOUTH, ELOOR P.O., ERNAKULAM DISTRICT-683501
ADDL.A7 MAHESH KUMAR, AGED 36 YEARS, S/O.LATE MOHANAN PILLAI, RESIDING AT PARACKAL HOUSE, ELOOR SOUTH, ELOOR P.O., ERNAKULAM DISTRICT-683501 THE LRS OF THE DECEASED A3 ARE IMPLEADED AS ADDL A6 & ADDL A7 IN THE APPEAL VIDE ORDER DATED 27/10/23 IN IA 1/23. BY ADV SRI.C.RAJENDRAN
RFA NO. 331 OF 2008
-: 2 :-
IT IS RECORDED THAT LRS OF DECEASED A1 AS ADDL.A2 TO A4 & R8 VIDE ORDER DATED 9/2/24 IN MEMO DATED 6/2/2024
BY ADV.C.RAJENDRAN
RESPONDENTS / PLAINTIFF & DEFENDANT NOS.1,2,3,4,5,6 AND
9:
ADDL.R9 ANJALI JAYAKUMAR, AGED 26 YEARS,
RFA NO. 331 OF 2008
-: 3 :-
D/O. SUBAJA MANI, THODIYIL VEEDU, POOTHAKKULAM CHERRY, POOTHAKKULAM VILLAGE, KOLLAM. 691302 ADDL.R10 ARUN KUMAR, AGED 24 YEARS, S/O SUBAJA MANI, THODIYIL VEEDU, POOTHAKKULAM CHERRY, POOTHAKKULAM VILLAGE, KOLLAM DISTRICT691302 THE LEGAL HEIRS OF THE DECEASED R7 ARE IMPLEADED AS ADDL.R9 AND ADDL.R10 IN THE APPEAL VIDE ORDER DATED 9/2/24 IN IA 3/23 BY ADVS. No Advocate SRI.MILLU DANDAPANI SRI.V.VENUGOPALAN NAIR – R5, R6, R7, R9, R10 AJITH M.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ORDERS ON 09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J. =====================
R.F.A. No.331 of 2008
=================================== Dated this the 9th day of February, 2023
JUDGMENT
Pending the appeal, the parties have settled their dispute out of court. An application has been filed in terms of Order XXIII Rule 3 of the Code of Civil Procedure incorporating the terms of settlement. The decree and judgment of the trial court is set aside and a decree is passed in terms of the compromise. The compromise petition will
form part of the judgment.
Sd/- Sathish Ninan, Judge
rsr
1
2
3
4
1 provisions across 1 enactments
Thankamma Amma
Baby Amma
Mohanan Pillai
Babu
Muraleedharan Pillai
K.Radhakrishnan
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
