Regular second appeal arising from a partition/property suit was withdrawn by the appellants on the ground that the matter had been settled out of court. The appeal was dismissed as withdrawn, with no costs, and pending interlocutory applications were closed.
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 C.S. SUDHA
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
RSA NO. 23 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 13.04.2018 IN AS NO.151 OF 2010
OF ADDITIONAL DISTRICT COURT, TIRUR ARISING OUT OF THE
ORDER/JUDGMENT DATED 07.10.2010 IN OS NO.133 OF 2008 OF MUNSIFF
COURT, TIRUR
APPELLANTS / RESPONDENTS 1,2,4,5 & 7 TO 12/DEFENDANTS 1,2,4,5 AND LEGAL HEIRS OF DECEASED 3RD DEFENDANT:
1MANGATTUPARAMBIL KUMARAN,
AGED 52 YEARS
S/O. KOVALAN, MANGATTUPARAMBIL HOUSE,
NIRAMARATHOOR AMSOM DESOM, KUMARANPADI P O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676101.
2MANGATTUPARAMBIL UNNI
AGED 40 YEARS
S/O. KOVALAN, MANGATTUPARAMBIL HOUSE,
NIRAMARATHOOR AMSOM DESOM, KUMARANPADI P O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676101.
3APPUNNI
AGED 38 YEARS
S/O. ILLATTUPARAMBIL MUNDI, MANGATTUPARAMBIL HOUSE,
NIRAMARATHOOR AMSOM DESOM, KUMARANPADI P O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676101.
4VELAYUDHAN
AGED 44 YEARS
S/O. ILLATTUPARAMBIL MUNDI, MANGATTUPARAMBIL HOUSE,
NIRAMARATHOOR AMSOM DESOM, KUMARANPADI P O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676101.
5CHERUMUNDI
AGED 38 YEARS
W/O. CHATHA, ILLATHUPARAMBIL HOUSE,
NIRAMARATHOOR AMSOM DESOM, KUMARANPADI P O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676101.
6CHERLAKATH DEVAKI
AGED 36 YEARS
W/O. KUNHIKILIYAN, CHERLAKATH HOUSE,
KERALADEESWARAPURAM AMSOM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676307.
RSA NO. 23 OF 2020
2
7 CHENAKARANKKARA KOTHI AGED 34 YEARS
W/O. THAMI, PATTUPARAMBA, KERALADEESWARAPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676307.8 ERANHIKKAL KARTHYAYANI, AGED 32 YEARSW/O. VELAYUDHAN, ERANHIKKAL HOUSE, NIRAMARATHOOR AMSOM
DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676109.
9ILLATHUPARAMBIL SAROJINI
AGED 30 YEARS, W/O.KRISHNAN,
ILLATHUPARAMBIL HOUSE, NIRAMARATHOOR AMSOM DESOM,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676106.
10KATTIPARAMBIL ANITHA
AGED 28 YEARS
W/O. UNNIKRISHNAN, KATTIPARAMBIL HOUSE,
PARAPPANANGADI AMSOM DESOM, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN-676301.
BY ADV M.R.MINI
RESPONDENTS / APPELLANTS & RESPONDENTS 13 TO 17/SUPPLEMENTAL
PLAINTIFFS 2,4 TO 9 & LEGAL HEIRS OF DECEASED 3RD SUPPLEMENTAL
PLAINTIFF:
1 *FATHIMAAGED 78, W/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU,
IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM,
THEKKUMURI DESOM, TIRUR TALUK, PIN-676102. [DIED][LRS
RECORDED]
IT IS RECORDED THAT FIRST RESPONDENT IS DEAD AND
RESPONDENTS 2 TO 7 ARE RECORDED AS THE LEGAL HEIRS OF
THE FIRST RESPONDENT AS PER ORDER DATED 22.01.2020 IN
MEMO DATED 22.01.2020.
2YOOSUF
AGED 59, S/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU,
IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM,
THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.
3 JAMEELA AGED 57, D/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU, IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM, THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.4 AYISSABEEVIAGED 55, D/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU,
IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM,
THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.
RSA NO. 23 OF 2020
3
5 SULAIKHA AGED 51, D/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU, IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM, THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.6 SAINABA AGED 49, D/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU, IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM, THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.7 ANNATH AGED 44, S/O. LATE IRINGAVOOR VALAPPIL HYDRU @ BAPPU, IRINGAVOOR VALAPPIL HOUSE, THRIKKANDIYOOR AMSOM, THEKKUMURI DESOM, TIRUR TALUK, PIN-676102.8 SHANIBA E VAGED 44,W/O. SUDHEER P, PAKKINIYIL HOUSE, PUTHUPALLY PO, CHAMRAVATTOM, TIRUR TALUK, PIN-676102.9 SHAIFI E V AGED 40 YEARSW/O. JAISAL I.P, ITTIKKAPARAMBIL PALAKKAL HOUSE, ALINGAL, TRIPRANGODE P O, PIN-676108.10 SHAHALA MOL E V AGED 32 YEARSW/O. AKBAR ALI, KALAKKARA HOUSE, NATHALLOOR, EASWARAMANGALAM, THAVANUR, PIN-679573.11 SHAFI E V AGED 41 YEARS TRIPRANGODE P O, KAIMALASSERY, PIN-676108.12 SAFIYAAGED 58, W/O. IBRAHIMKUTTY, E.V. MANZIL, KODIYERI
VALAPPU HOUSE, THALAKKADU, P O VENGALOOR, PIN-686685.
BY ADV SRI.JAMSHEED HAFIZ
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 23 OF 2020
4
C.S.SUDHA, J.
RSA No.23 of 2020
--------------------------------------------------------------Dated this the 28th day of May, 2024
J U D G M E N T
It is submitted by the learned counsel for the appellants that the
appeal is being withdrawn as the matter has been settled out of court.
Hence, the appeal is dismissed as withdrawn. No costs.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA JUDGE
NP
Mangattuparambil Kumaran
Mangattuparambil Unni
Appunni
Velayudhan
Cherumundi
Fathima
C.S. Sudha
As recorded by the court registry
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