S.N.D.P.Sakhayogam No. 40 v. Ajayakumar S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 RSA.No. 254 of 2015 ------------------------------- A.S.NO.271/2013 OF ADDITIONAL DISTRICT COURT-I, KOTTAYAM O.S.NO.106/2012 OF MUNSIFF COURT, ETTUMANOOR ---------------------- APPELLANT(S)/APPELLANTS/DEFENDANTS 1 & 2 :

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1. S.N.D.P.SAKHAYOGAM NO. 40, ETTUMANOOR, REPRESENTED BY ITS SECRETARY SRI.K.N.BHARATHAN.

2. P.N.RAVEENDRAN, PRESIDENT, S.N.D.P. SAKHAYOGAM NO.40, ETTUMANOOR. BY SRI.K.JAJU BABU (SENIOR ADVOCATE) ADV. SMT.M.U.VIJAYALAKSHMI SRI.JIKKU SEBAN GEORGE RESPONDENT(S)/RESPONDENTS/ PLAINTIFFS & DEFENDANTS NO.3 : -------------------------------------------------------------------------------------------------------

1. AJAYAKUMAR S.

THARAVATTATHIL HOUSE, ARUMANOOR KARA, AYARKUNNAM VILLAGE, ARUMANOOR PO, KOTTAYAM- 686 564.

2. ETTUMANOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ETTUMANOOR GRAMA PANCHAYATH OFFICE, ETTUMANOOR P.O., KOTTAYAM- 686 631.

R1 BY ADV. SMT.C.S.SHEEJA THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

RSA.No. 254 of 2015 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

TERMS OF SETTLEMENT O.S.NO.106/2012 ON THE FILE OF THE MUNSIFF COURT, ETTUMANOOR.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

----------------------------------- R.S.A.No.254 of 2015 ------------------------------------------------ Dated this the 10th day of September, 2015

J U D G M E N T

This Second Appeal arises from a suit for injunction. The suit was decreed by the trial court and the decision of the trial court has been confirmed in appeal. Defendants 1 and 2 who are aggrieved by the decisions of the courts below have preferred the appeal.

2. In this Second Appeal, the first respondent/plaintiff has filed I.A.No.2261 of 2015 stating that they have settled their disputes with defendants 1 and 2 and praying to dismiss the suit as withdrawn. In the light of I.A.No.2261 of 2015 filed by the plaintiff, the judgments impugned in the Second Appeal are

R.S.A.No.254 of 2015 set aside and the suit O.S.No.106 of 2012 on the file of the Munsiff Court, Ettumanoor is dismissed as withdrawn. All other interlocutory applications in the appeal are closed. P.B.SURESH KUMAR, JUDGE.

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