Kerala High Court
No.1376/1979 Of Iii Additional ... vs \'3 on 23 November, 2018
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940 RSA.NO. 140 of 2008 (EL AGAINST THE DECREE AND JUDGMENT DATED 24-10--2007 IN AS NO.273/2002 of II ADDITIONAL DISTRICT CO"°T, THIRUVANANTHAPURAM AGAINST THE ORDER DATED 22-06-2002 IN IA NO.2658(a)/1985 IN 03 NO.1376/1979 of III ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM APPELLANT/APPELLANT IN FIRST APPEAL/DEFENDANT IN SUIT KRISHNANKUTTY, SON OF BHAGAVATHY CHETTIAR, AGED 71 YEARS, RESIDING AT KULANGARAPUTHEN VEEDU, CHETTIVILAKQM VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT/RESPONDENT IN FIRST APPEAL/PLAINTIFF IN THE SUIT *MADHAVI AMMA (DIED) CHARIVUVILAKATHU VEEDU, CHETTIVILAKOM VILLAGE, THIRUVANANTHAPURAM - 695005 LHRS IMPLEADED A" '"DL.R2 TO R9 ADDITIONAL RESPONDENTS:-- M.AMBIKA DEVI, AGED 75 YEARS, CHANDRAKANTHAM, T.C.4/499(l), HOUSE NO.Bl, SREEVILAS LANE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003 3 S.SURENDRAN NAIR, AGED 73 YEARS, SURABHI, TC.4/501, HOUSE No.2,SREEVILAs LANE, KOWDIAR 9.0., THIRUVANANTHAPURAM, PIN-695003 4 M.SAILAJA, AGED 72 YEARS, SHALIMAR, TC.21/1103, HOUSE NO.20, SREENAGAR LANE, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM, PIN-695005. RSA No.140 Of 2008 2 5 SACHU.K., SON OF LATE NANDINI DEVI, AGED 35 YEARS, JAGADHEESH BHAVAN, TC.21/1105, HOUSE No.19, SREENAGAR LANE,NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM-E. 6 RAGHESH K.N.,SON 0F NANDINI DEVI, AGED 34 YERS, JAGADHEESH BHAVAN, TC. 21/1105, HOUSE No.19, SREENAGAR LANE,NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM--S. (REPRESENTED BY SACHU K. POA HOLDER FOR RAGHESH K.N., AS PER POA No.182/2017 Iv DATED 15.09.2017 OF SUB REGISTRAR PATTOM) PIN 695004. M.MALLIKA DEVI, AGED 65 YEARS, CHARUVILAKATHU VEEDU, TC 21.893, AGRA--11,NCC ROAD, PEROORKADA P.O.,THIRUVANANTHAPURAM--B. 8 V.NALINACHANDRAN, AGED 60 YEARS, AARANYA, TC.21/940, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM-S. '9 RADHIKA, M., AGED 53 YEARS, RAM NIVAS, TC.21/894, AGRA-lO, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM-S. *LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 2 TO 9 AS PER THE ORDER DATED 19/7/2018 IN I.A.2042/2018. ADDL. R2 to R9 BY ADVS. SRI.RAM MDHAN.G. SRI.AJIT G.ANJARLEKAR SRI.G.P.SHINOD SRI.MANU V. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA NOMO of 2008 3 A.HARIPRASAD, J.R.F.A. No.140 of 2008
Dated this the 23rd day of November, 2018 Mal--T Heard the learned counsel on both sides, It is submitted that the parties have settled the matter and executed a compromise under Order XXlEl Rule 3 of the Code of Civil Procedure. 1908. The compromise reveals the terms of settlement. The compromise is recorded and it shall form part of the decree of this Court. The appeal is allowed and the final decree passed in the suit and affirmed by the first appellate court are hereby set aside. A fresh decree is passed in terms of the compromise. Half court fee shall be refunded to the appellant.
All pending interlocutory applications will stand closed.
A.HARIPRASAD, JUDGE.
cks IN THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM RSA No 140 of 2008 Krishnankutty : Appellant 9,. Vs \'3 Madhavi Amma : Respondent COMPROMISE PETITION filed by THE APPELLANT KRISHNANKUTPYB, RESIDING AT PALAZHI, KP13/277, EANIKAKRA, KARAKULAM PO., THIRUVANANTHAPURAM (Appellant) 8:, ADDITIONAL RESPONDENTS [LEGAL REPRESENTATIVES OF THE ORIGINAL RESPONDENT] NAMELY M.AMBIKADEVI,AGED76YEARS,CHANDRAKANTHAM, TC4/499(1),HOUSENO.B1,,SREEVILASLANE, KOWD!ARP.O.,TH1RUVANANTHAPURAM~3, S. SURENDRANNAIR, AGED 73 YEARS, SURABHI, TC 4/501, HOUSENO.2,SREEVILASLANE,KOWDEARP.O THIRUVANANTHAPURAMAB; M. SAILAJA, AGED 72 YEARS, SHALIMAR, TC 21/1103, HOUSE N0 20, SREENAGAR LANE, NCC ROAD, PEROORKADA PO.,THIRUVANANTHAPURAM--S; SACHU K., SON OF LATE NANDINI DEVI, AGED 35 YEARS, JAGADHEESH BHAVAN, TC 21/1105, HOUSE No 19, SREENAGAR LANE, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM--5; RAGHESH K.N., SON OF NANDINI DEVI, AGED 34 YEARS, JAGADHEESH BHAVAN, TC 21/1105, HOUSENO19,SREENAGARLANE,NCCROAD, PEROORKADA PO,THIRUVANANTHAPURAM--5; (represented by SACHU.K POA Ho1der for RAGHESH K.N., as per POA No.1,82/2017 1V dated 15.09.2017 of Sub Registrar Pattern) M. MALLIKA DEVI, AGED 65 YEARS, CHARUVILAKATHU VEEDU,TC21/893',AGRAMI1, NCC ROAD, PEROORKADA 13.0., THIRUVANANTHAPURAM--S; V.NALINACHANDRAN, AGED 60 YEARS, AARANYA, T.C 21/940, NCC ROAD, PEROORKADAP.O.,THIRUVANANTHAPURAM-S RADHIKA.M, AGED 53 YEARS, RAM NIVAS, T.C.21/894, AGRA--10,NCCROAD,PEROORKADAP.O, THIRUVANANTHAPURAM-- 5 UNDER SECTION 107 85 ORDER XXIII RULE 3 CPC.
\ A «. ' f' V 'b . ' l] The appeal is filed by the defendant in OS No. 1376 of 1979 on the file of the 111 Additional Munsiff Court of 'Thiruvananthapuram. The appeal is filed from the final decree and judgment in the suit for redemption.
2) The appellant is at present in possession and enjoyment of the plaint schedule property.
3) The original respondent/ plaintiff died. Her legal heirs are the additional respondents.
4) The appellant and the respondents have arrived at a mutually acceptable settlement on the following terms:
a. The parties have got the plaint schedule property measured out. A plan is prepared. It is produced along with this compromise petition.
b. Plot No 2 in the said plan has an extent of 3.60 cents. It is agreed that the said plot is retained by the appellant.
c. The additional respondents have abandoned and relinquished their claim for redemption in respect of Plot No 2 in the plan. They consent to the final rdecree passed by the trial court being set aside insofar as it relates to Plot No. 2 in the appended plan. The respondents agree that the appellant is entitled to remain in exclusive possession of Plot No. 2 hereafter as full owner.
(:1. Since the claim for redemption in respect of that plot is abandoned, the rights of the respondents over Plot No. 2 shall stand extinguished. The appellant is the absolute owner in exclusive possession of Plot No. 2 without any further disturbance from the respondents.
e. The appellant has released, relinquished and surrendered to the respondents the possession of Plot No. l in the appended sketch, having an extent of '7 cents. Therespondents have taken possession of plot No.1 free from all encumbrances. Plot No.2 therefore is freed of the mortgage to be redeemed as per the final decree in the suitRespondents are entitled to retain possession of the said Plot No 1 without any disturbance from the appellant and are entitled to get mutation of 7 cents of land (Plot No.1) in C's/Egr joint names.
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f. The appellant is entitled to get mutation in his name of the 3.60 cents of property shown in Plot No. 2 in the appendedplan. The respondents shall extend their assistance to any request that he may make before the revenue officers for mutation.
g. The parties are entitled to put up boundary wall constructed along the line demarcating and. separating Plot No. 1 and 2.
h. All disputes involved in the Second Appeal and the suit from which it arises are hereby resolved. No question remains to be decided in the suit.
i. The parties shall bear their costs.
It is hence humbly submitted that the Second Appeal may be allowed, the final decree passed in the suit and affirmed in the first appeal by the courts belcvv may be set aside. A decree may be passed . recording the compromise, whereby the suit and. second appeal stand disposed of in terms of this compromise. It is humbly prayed that directions may be given to append the compromise and the plan to the decree.
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min KUTTY v. SURESH l' "k4 COUNSEL FOR THE APPELLANT AMBIKA DEVI SURENDRAN NAIR SAI LAJA SACHU RAGHES MALLIKA DEVI NALINACHANDRAN RADHIKA GRAMMOHAN COUNSEL FOR TIEIE RESPONDENTS iii::11.11.1114:2:11;:
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