Parvathy v. Chandrasekharan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 RSA.No. 469 of 2014 ( ) ------------------------ AGAINST THE JUDGMENT IN AS. NO.104/2007 OF DISTRICT COURT, PALAKKAD DATED 17-07-2009.

AGAINST THE JUDGMENT IN OS. NO.640/2004 OF ADDITIONAL MUNSIFF COURT, PALAKKAD DATED 30-10-2006.

.......

APPELLANT/APPELLANT/PLAINTIFF:

------------------------------------------------------ PARVATHY, D/O.LATE LAKSHMI, AGED 45 YEARS, PETTAKKAD, PUDUSSERY AMSOM, PALAKKAD.

BY ADVS.SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA.

RESPONDENT/RESPONDENT/DEFENDANT:

--------------------------------------------------------------- *1. CHANDRASEKHARAN, S/O.CHELLAN, AGED 55 YEARS, PETTAKADU, PUDUSSERY AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. (DIED).

* ADDL. R2 TO R4 IMPLEADED

2. VASANTHA @ VASANTHA KUMARI, W/O.LATE CHANDRASEKHARAN, AGED ABOUT 50 YEARS, H. NO.9/113, NELLUKUTHUPARA, ATHIKODE, PANAYUR P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

3. HARI MURUKAN, S/O.LATE CHANDRASEKHARAN, AGED 32 YEARS, H. NO.9/113, NELLUKUTHUPARA, ATHIKODE, PANAYUR P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

RSA.No. 469 of 2014

4. KRISHNAVENI, D/O.LATE CHANDRASEKHARAN, AGED 30 YEARS, H. NO.9/113, NELLUKUTHUPARA, ATHIKODE, PANAYUR P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

* LEGAL HEIRS OF DECEASED SOLE RESPONDENT ARE IMPLEADED AS ADDL. R2 TO R4 AS PER ORDER DATED 30/03/2015 IN I.A. NO.825/2015. ADDL. R2 TO R4 BY ADV. SRI.P.K.NIJOY.

THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

P.B.SURESH KUMAR, J.

= = = = = = = = = = = = R.S.A.No.469 of 2014 = = = = = = = = = = = = Dated this the 9th day of April, 2015.

J U D G M E N T

The decision in A.S.No.104 of 2007 on the file of the court of the District Judge, Palakkad by which the said court confirmed the decision of the Munsiff Court, Palakkad in O.S.No.640 of 2004 is under challenge in this Second Appeal.

2.

O.S.No.640 of 2004 is a suit for recovery of possession. The suit was dismissed and the said decision was confirmed in appeal. In this appeal, the parties have settled their disputes and a compromise petition as I.A.No.971 of 2015 is filed. In view of the compromise aforesaid, the impugned decisions are set aside and O.S.No.640 of 2004 on the file of the Munsiff Court, Palakkad is disposed of in terms of the compromise. A copy of the compromise petition shall be appended to this judgment. Sd/-P.B.SURESH KUMAR, JUDGE.

Kvs/- // true copy // PA TO JUDGE.