Regular second appeals arising from a title suit between the plaintiff and two defendants, finally heard together and settled out of court; the High Court recorded the compromise and disposed of the appeals in its terms.
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 MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 334 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014 OF SUBORDINATE JUDGE'S COURT VATAKARA ARISING OUT OF THE JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF COURT, VATAKARA APPELLANT/APPELLANT IN AS & RESPONDENT IN CO/PLAINTIFF IN OS:
USHA S.P.
AGED 46 YEARS, W/O. MAHESH M.G, KUNNUMMAL HOUSE, PUTHUPPANAM AMSOM DESOM VATAKARA TALUK,KOZHIKODE DISTRICT,KERALA.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY SMT.SEEMA
RESPONDENT/RESPONDENT IN AS & CROSS OBJECTORS IN
CO/DEFENDANTS IN OS:
2 MURIKKOLI FAROOQ S/O UMMER AGED 52 YEARS REP. BY PA HOLDER SHAFEENA W/O. FAROOQ, "ISHATH" PUTHUPPANAM AMSOM DESOM VATAKARA TALUK KOZHIKODE DISTRICT KERALA STATE 673101
BY ADVS. SRI.BIJU ABRAHAM (CAVEATOR) SRI.B.G.BHASKAR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04.04.2024, ALONG WITH RSA.489/2015, 496/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.334/2015, 489/2015, 496/2015
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 489 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014 OF SUBORDINATE JUDGE'S COURT, VATAKARA ARISING OUT OF THE JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF COURT, VATAKARA
APPELLANT/RESPONDENT/2ND DEFENDANT:
MURIKKOLI FAROOQ
AGED 51 YEARS, S/O.UMMER,ISHATH, PUTHUPPANAM AMSOM DESOM,VADAKARA TALUK 673 101
BY ADVS. SRI.BIJU ABRAHAM (CAVEATOR) SRI.B.G.BHASKAR
RESPONDENTS/APPELLANT & 1ST RESPONDENT/PLAINTIFF & 1ST
DEFENDANT:
2 ABDUL SAMAD
AGED 47 YEARS, S/O.MAMMU, AROTH HOUSE, PUDUPPANAM AMSOM AND DESAM,VATAKARA TALUK, KOZHIKODE DISTRICT 673 101
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04.04.2024, ALONG WITH RSA.334/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
RSA Nos.334/2015, 489/2015, 496/2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 496 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014 OF SUBORDINATE JUDGE'S COURT, VADAKARA ARISING OUT OF THE JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF COURT, VATAKARA
APPELLANT/APPELLANT IN CROSS OBJECTION/2ND DEFENDANT:
MURIKKOLI FAROOQ AGED 46 YEARS, S/O.UMMER, ISHATH, PUTHUPPANAM AMSOM DESOM, VADAKARA TALUK-673101, KOZHIKODE DISTRICT.
BY ADVS. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR
RESPONDENTS/RESPONDENTS IN CO/PLAINTIFF & 1ST DEFENDANT:
2 ABDUL SAMAD AGED 47 YEARS, S/O.MAMMU, AROTH HOUSE, PUDUPPANAM AMSOM AND DESOM OF VATAKARA TALUK-673101.
BY ADVS. SRI.B.KRISHNAN SRI.R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04.04.2024, ALONG WITH RSA.334/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.334/2015, 489/2015, 496/2015
4
J U D G M E N T
Dated this the 4th day of April, 2024
The matter is settled. In the compromise, 2nd respondent in RSA.334/2015 (Murikkoli Farooq) is represented by his wife Shafeena, on the basis of the Power of Attorney dated 13.4.2015. The compromise is recorded. The appeal is disposed of as per the terms of the compromise. The compromise forms part of the judgment.
Sd/-
C. PRATHEEP KUMAR, JUDGE
sou.
RSA Nos.334/2015, 489/2015, 496/2015
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APPENDIX OF RSA 334/2015
RESPONDENT ANNEXURES
ANNEXURE R2(A) THE ORIGINAL OF THE COMPROMISE DATED 19-10-2023 EXECUTED BETWEEN APPELLANT AND 2ND RESPONDENT
ANNEXURE R2(B) THE ORIGINAL OF THE POWER OF ATTORNEY DATED 13-04-2015 EXECUTED BY THE 2ND RESPONDENT (MURIKKOLI FAROOQ) IN FAVOUR OF HIS WIFE (SHAFEENA)
Usha S.P.
Abdul Samad
Murikkoli Farooq
C. Pratheep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
