Kerala High Court
Pattasseri Muhammed vs Pattasseri Khadeesu Umma on 16 February, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 26TH DAY OF FEBRUARY 2013/7TH PHALGUNA 1934
RSA.No. 1454 of 2012 ()
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AGAINST THE JUDGMENT IN OS.141/2002 of
MUNSIFF'S COURT.,PARAPPANANGADI DATED 16-02-2005
AGAINST THE ORDER/JUDGMENT IN AS.48/2006 of
SUB COURT, TIRUR DATED 14-09-2012
APPELLANT(S)/APPELLANTS/APPELLANTS/DEFENDANTS 1 AND 2:
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1. PATTASSERI MUHAMMED
S/O.KOMUKUTTY, MELETHADATHIL HOUSE, THIRUTTY
MELETHADATHIL HOUSE, THIRUTHY, P.O.KODINHI
TIRURANGADI TALUK.
2. PATTASSERY KHADEEJA
W/O.KARAMKUNDIL KUNHYIMOIDEEN, THIRUTHY, P.O.KODINHI
TIRURANGADI TALUK.
BY ADVS.SRI.SAJU.S.A
SRI.T.SIVADASAN
SRI.K.C.KIRAN
SMT.P.A.SHEEJA
SMT.MEENA.A.
RESPONDENT(S)/RESPONDENTS/PLAINTIFF AND DEFENDANTS 3 AND 4:
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1. PATTASSERI KHADEESU UMMA
D/O.PATTASSERI RAYANKUTTY, THIRUTHY, P.O.KODINHI
TIRURANGADI TALUK, PIN 676309.
2. THALAKKOTTUTHODUKA MUHAMMEDKUTTY
S/O.MAMMED, THIRUTHY, P.O.KODINHI
TIRURANGADI TALUK, PIN 676309.
3. KANNAMPALLI AAMUGHAN,
S/O.KARAPPAN, THIRUTHY, P.O.KODINHI
TIRURANGADI TALUK, PIN 676309.
RR1 BY ADV. SRI.K.T.SHYAMKUMAR
R BY ADV. SRI.HARISH R. MENON
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
26-02-2013, ALONG WITH RSA. 1455/2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
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R.S.A. Nos. 1454 & 1455 of 2012
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Dated this the 26th day of February, 2013
JUDGMENT
It is represented that the parties have settled the matter. Copies of the compromise petition have been filed in both these appeals. R.S.A 1454/2012 is against the preliminary decree and R.S.A 1455/2012 is against the final decree. Since the terms are stated in malayalam and as the parties agreed to have the settlement recorded by the trial court, the decree and judgment appealed against are set aside and the matter is remanded to the trial court for disposal in terms of the compromise entered into between the parties. The trial court will see that the compromise decree can be passed only subject to the provision of the Registration Act since the compromise petition shows that the compromise agreed upon involves transfer/relinquishment of right etc. Sd/-
N.K.BALAKRISHNAN, JUDGE das // True copy // PA to Judge