A regular second appeal over a decree in a partition suit, where counsel stated the parties had jointly executed a partition deed and resolved matters amicably; both sides conceded and the appeal was dismissed without proceeding.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
RSA NO. 155 OF 2018
AGAINST THE DECREE AND JUDGMENT DATED 31.01.2017 IN AS 69/2015 OF ADDITIONAL DISTRICT COURT- III, KASARAGOD
THE DECREE AND JUDGMENT DATED 12.08.2015 IN OS 79/2013 OF SUB
COURT, HOSDRUG
APPELLANT/APPELLANT/FIRST DEFENDANT:
T. MOHAN KAMATH
AGED 67 YEARS, S/O LAXMAN KAMATH, ALARAYI DURGA HIGH SCHOOL, NEAR AYYAPPA GARAGE, KANHANGAD, HOSDURG TALUK, KASARGOD DISTRICT. BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU
RESPONDENTS/RESPONDENTS/PLAINTIFF & DEFENDANTS 2 TO 5:
AGED 68 YEARS, W/O UMESH SHENOY AND D/O LATE. THALAPPADY LAXMAN KAMATH, MUKUNDA KRIPA, OPPOSITE NAVODAYA YUVAKA MANDALA, AYODHYA NAGAR, PUTHUR, D.K. DISTRICT,KARNATAKA.
2 MEENAKSHI KAMATH ALIAS VINAYA KAMATH AGED 62 YEARS, W/O TRIVIKRAMA KAMATH, D/O LATE. LAXMAN KAMATH, FLAT NO.37, RAGHAVENDRA APARTMENTS, BEHIND C.V NARAYAK HALL, NER BUNTS HOSTEL,MANGALORE, KADRI, D.K DISTRICT, KARNATAKA.
3 T. VITTAL KAMATH AGED 58 YEARS, S/O LATE. T.LAKSHMAN KAMATH, NO.739, VISHAKA, 10TH MAIN BKS 3RD STAGE, BHUBANESWAR NAGAR, BANGALORE-85
4 T. GURUDAS KAMATH AGED 55 YEARS, S/O LATE.T LAKSHMAN KAMATH, EMPLOYEE, NMG BANK, RESIDING AT RAVALANTH, ANANTHAPURA ROAD, NAIKAP VIA, KUMBALA, KOIPADY VILLAGE, KASARGOD TALUK.
5 T.D DIVAKARA KAMATH AGED 52 YEARS, S/O LATE. T. LAXMAN KAMATH, FLAT NO.37, RAGHAVENDRA APARTMENTS, BEHIND C.V NAYAK HALL,
RSA NO. 155 OF 2018
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NEAR BUNTS HOSTEL, MANGALORE, D.K DISTRICT, P.O.KADRI, KARNATAKA STATE. BY ADVS. SRI.P.B.KRISHNAN FOR R1 SRI.SABU GEORGE FOR R2 TO R5 SRI.P.M.NEELAKANDAN FOR R1 SRI.P.B.SUBRAMANYAN FOR R1
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 155 OF 2018
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JUDGMENT
Dated this the 3rd day of January, 2024
The learned counsel for the appellant submitted that the appeal pertains to a decree passed in a partition suit and the parties jointly executed partition deed and separated their shares and as such, the matter in issue has been resolved amicably. In view of the above, this appeal is not intended to be proceeded. The submission made by the learned counsel for the appellant is recorded. The other side conceded the execution of the partition deed. Accordingly, recording the submission made by both sides, this appeal stands dismissed.
Sd/-
A. BADHARUDEEN JUDGE
nkr
T. Mohan Kamath
Kalvathil Kamath alias Nirmala Shenoy
Meenakshi Kamath alias Vinaya Kamath
T. Vittal Kamath
T. Gurudas Kamath
T.D Divakara Kamath
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
