Kerala High Court
M.A.Abraham @ Avira Abraham vs P.K.Mathew on 4 March, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY,THE 12TH DAY OF DECEMBER 2014/21ST AGRAHAYANA, 1936
R.F.A.No. 646 of 2004 (E)
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(AGAINST THE JUDGMENT AND DECREE IN O.S.NO. 38/1997 OF SUB COURT,
KATTAPPANA DATED 04-03-2004)
APPELLANT(S)/3RD DEFENDANT:
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M.A.ABRAHAM @ AVIRA ABRAHAM,
MADATHINAKATHUM, PARATHODE P.O.,
VIA KANJIRAPPALLY-686 512.
BY ADV. SRI.S.K.MURALEEDHARA KAIMAL
RESPONDENT(S)/PLAINTIFFS 1 AND 2 AND DEFENDANTS 2, AND 4 TO 7:
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1. P.K.MATHEW, S/O. KUNCHERIA, AGED 42 YEARS,
ADVOCATE, PUTHENPURACKAL, SANANTHANAM WARD,
ALAPPUZHA.
2. N.NEELAKANTAN, AGED 42 YEARS,
S/O.N.NARAYANASWAMI, KIZHAKKE MADOM, BOAT JETTY ROAD,
ALAPPUZHA.
RESPONDENTS 1 AND 2 REP.BY THEIR POWER OF
ATTORNEY HOLDER ANANTHAN PILLAI, S/O.KUMARAN PILLAI,
KOTTARATHIL HOUSE, MURIKKADI P.O., VIA KUMILY.
3. M.A.HARIHAR, S/O.LATE ANANTHASIVAN,
AGED 51 YEARS, T.CNO.39/12, HIMAGIRI,
VRINDAVAN GARDEN CHALAI P.O., THIRUVANANTHAPURAM.
4. VIJAYA SUBRAMANIAN, W/O.SUBRAMANIYAN,
VRINDAVAN GARDEN, CHALAI P.O., THIRUVANANTHAPURAM.
5. VASANTHA GANAPATHI, D/O.DO.
6. LALITHA MOTHI, D/O.LATE ANANTHASIVAN,
FACT TOWNSHIP, ALUVA.
R.F.A No.646 of 2004 2
7. MAHALEKSHMI, SUDARSAN, 3300-25,
COTTON HILL, DIVA, N.C.27612.
(RESPONDENTS 4 TO 7 THROUGH THEIR POWER OF ATTORNEY
M.A.HARIHAR (3RD RESPONDENT AND PERSONALLYTO THE 3RD
DEFENDANT AS FURNISHED ABOVE)
R1 & R2 BY ADV. SRI.C.K.VIDYASAGAR
ADV. SRI.P.CHANDY JOSEPH
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
12-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.T.O.
T.R.RAMACHANDRAN NAIR
&
P.V.ASHA, JJ.
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R.F.A No.646 of 2004
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Dated this the 12th day of December, 2014
JUDGMENT
Ramachandran Nair, J.
This appeal is from the judgment and decree in O.S. No.38/1997 of Sub Court, Kattappana. The appellant herein is the third defendant in the suit. I.A. No.2719/2014
2. This petition is filed under Order 23, Rule 1 of the Code of Civil Procedure to record the compromise.
3. We allow this I.A. and dispose of the appeal as settled between the parties. The terms of agreement will form part of the judgment and decree in supersession of the decree already passed by the trial court.
4. We notice from paragraph 3 of the petition that Shri N.Neelakantan (Respondent No.2) has taken possession of eight acres of land and the possession of the remaining land is with the appellant, as per the plan. Shri P.K.Mathew R.F.A No.646 of 2004 2 (Respondent No.1) has received Rs. Ten lakhs in respect of his share. The same is recorded. The plan which is produced along with the compromise petition will be appended to the decree.
Sd/-
T.R.RAMACHANDRAN NAIR JUDGE Sd/-
P.V.ASHA JUDGE //true copy// P.S. To Judge St/