Chandrasekhara Kurup v. N. Kumaran Kurup
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 RSA.No. 1254 of 2014 () ------------------------ AGAINST THE JUDGMENT AND DECREE IN A.S.NO. 148/2010 of III ADDITIONAL DISTRICT COURT, KOLLAM DATED 12-11-2014 AGAINST THE JUDGMENT AND DECREE IN O.S.NO. 29/1998 of PRINCIPAL SUB COURT,KOLLAM DATED 20-02-2010 APPELLANT(S)/RESPONDENTS 1 TO 3/DEFENDANTS 1 TO 3: --------------------------------------------------------------------------------------
1. CHANDRASEKHARA KURUP, AGED 79 YEARS S/O.VASU PILLAI, THOTTATHIL VEEDU, PAYIKUZHIMURI OACHIRA VILLAGE, KARUNAGAPPALLY TALUK
2. V. SIVARAJA KURUP, AGED 74 YEARS RETD. AIR FORCE PERSONAL RESIDING AT PERUMCHERRIL VEEDU, THEKKUKOCHUMURI KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK
3. G.VIJAYANATHA KURUP, AGED 69 YEARS S/O.VASU PILLAI, RESIDING AT THOTTATHIL HOUSE, PAYIKUZHI, OACHIRA (WRONGLY SHOWN IN THE CAUSE TITLE OF THE JUDGMENT OF THE APPELLATE COURT AS RESIDING AT PERUMCHERRIL VEEDU, THEKKUKOCHUMURI, KRISHNAPURAM VILLAGE KARTHIKAPPALLY TALUK) BY ADV. SRI.K.P.SREEKUMAR RESPONDENT(S)/APPELLANT & 4TH RESPONDENT/PLAINTIFF & 5TH DEFENDANT: ----------------------------------------------------------------------------------------------------------------------
1. N. KUMARA KURUP, AGED ABOUT 79 YEARS NEDIYATHU VEEDU, KALLELLIBHAGAM VILLAGE KARUNAGAPPALLY TALUK, FROM AYIKKARAVALLIL VEEDU THEKKUKOCHUMURI, OACHIRA KARTHIKAPPALLY TALUK PIN 690 518 * 2. OACHIRA PARABHRAMA TEMPLE, ADMINISTRATION BOARD,OACHIRA, REPRESENTED BY ITS SECRETARY PIN 690 526 (DELETED) *R2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 02.02.2015 IN IA.NO.275/2015.
R1 BY ADV. SRI..ARUN BABU(CAVEATOR) R2 BY ADV. SRI.N.D.PREMACHANDRAN THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.HARIPRASAD, J.
-------------------------------------- R.S.A. No.1254 of 2014 & I.A.No.67 of 2015 -------------------------------------- Dated this the 2nd day of February, 2015
JUDGMENT
Heard the learned counsel for the appellants and the 1st respondent. The name of the 2nd respondent has been removed from the plaint as well as from this appeal as per order dated 02.02.2015 in I.A.No.275 of 2015. Learned counsel appearing on both sides submitted that the dispute involved in this case has been talked over and settled. The terms of settlement arrived at between the parties is produced as I.A.No.67 of 2015, dated 10.01.2015. It is therefore submitted that the suit may be dismissed recording the compromise.
After considering the facts and circumstances, the following order is passed:
The compromise between the appellants and the 1st respondent is recorded. It shall form part of the judgment and decree. In terms of the compromise, the impugned judgment and decree is set aside
R.S.A.No.1254 of 2014 & I.A.No.67 of 2015 and a modified decree is passed. There is no order as to costs. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE.
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