Appellant sought permission to withdraw the Regular First Appeal No. 404 of 2003 as the underlying dispute had been settled between the parties. The High Court of Kerala at Ernakulam granted the permission and dismissed the appeal as withdrawn.
Permission granted to withdraw the Regular First Appeal; appeal dismissed as withdrawn.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 MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 RFA NO. 404 OF 2003
[AGAINST THE JUDGMENT AND DECREE DATED 31.07.2003 IN OS NO.5 OF 2001 OF SUB COURT, PAYYANNUR]
APPELLANTS/DEFENDANTS:
ADDL.A3 SREELEKHA B.R., AGED 54 YEARS, W/O. LATE KAYIPRAVAN SREEPRAKASH K. NAIR, 'SREESANKARAM', OKKAL P.O., ERNAKULAM DISTRICT
ADDL.A4 RITHIK S.NAIR, AGED 22 YEARS, S/O. LATE KAYIPRAVAN SREEPRAKASH K. NAIR, 'SREESANKARAM', OKKAL P.O., ERNAKULAM DISTRICT
ADDL.A5 NIRRENJAN S.NAIR, AGED 12 YEARS, S/O. LATE KAYIPRAVAN SREEPRAKASH K. NAIR, 'SREESANKARAM', OKKAL P.O., ERNAKULAM DISTRICT -683550,
REPRESENTED BY NEXT FRIEND AND MOTHER SREELEKHA B.R., AGED 54 YEARS, W/O. LATE KAYIPRAVAN SREEPRAKASH K. NAIR, 'SREESANKARAM', OKKAL P.O., ERNAKULAM DISTRICT -683550.
THE LEGAL HEIRS OF THE DECEASED A1 ARE IMPLEADED AS ADDL.A3 TO A5 VIDE ORDER DATED 31.01.2024 IN IA 1/2023
BY ADV C.P.PEETHAMBARAN
RESPONDENT/PLAINTIFF:
KAYIPRAVAN SREELATHA
AGED 35 YEARS, D/O.PARUKUTTY AMMA, CHERUTHAZHAM AMSOM DESOM, KANNUR DISTRICT
BY ADV R.SREEHARI
R.F.A.NO.404 OF 2003
:-2-:
THIS REGULAR FIRST APPEAL HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel on both sides submit that
the matter has been settled between the parties to sustain the decree and they seek permission to withdraw the appeal. Permission is granted.
The Regular First Appeal is dismissed as withdrawn. All pending interlocutory applications
are closed.
Sd/SHOBA ANNAMMA EAPEN JUDGE
MBS/
Kuppatakath Janardhanan Nambiar
Kayipravan Sreelatha
Shoobanna Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
