Prabhakaran v. Ayyappan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 SA.No. 92 of 1998 C ------------------------- AS 135/1991 OF IST ADDITIONAL DISTRICT COURT, THRISSUR, DATED 08-08-1997 OS 448/1986 OF MUNSIFF COURT, WADAKKANCHERY, DATED 21-12-1990 ------------------ APPELLANT(S)/APPELLANTS/PLAINTIFFS:

----------------------------------------------------------- 1.

PRABHAKARAN, SON OF ARIKULANGARA VELLA, RESIDING IN MEENAKKODU HOUSE, THIRUVILWAMALA VILLAGE, TALAPPILLY TALUK.

2.

VASU, S/O.ARIKULANGARA VELLA, DO. DO.

3.

KOYU, SON OF ARIKULANGARA VELLA, RESIDING IN MEENAKKODU HOUSE, THIRUVILWAMALA VILLAGE, TALAPPILLY TALUK.

4.

KERALA KUMARAN, SON OF ARIKULANGARA VELLA, DO. DO. 5.

RAJAN, SON OF ARIKULANGARA VELLA, DO. DO.

BY ADV.SRI.K.MOHANAKANNAN RESPONDENT(S)/RESPONDENTS/DEFENDANTS:

--------------------------------------------------------------------- 1.

AYYAPPAN, SON OF ARIKULANGARA VELAYUDHAN, CHOOLANNUR DESOM, PERINGOTTUKURISSI VILLAGE, * ALATHUR TALUK.

(DIED) LRS IMPLEADED 2.

RADHAKRISHNAN, SON OF ARIKULANGARA MADHAVAN, NOW RESIDING AT ERUKULAM HOUSE, PATTIPARAMBU P.O., THIRUVILUAMALA, TRICHUR DISTRICT.

* ADDL.R3 IMPLEADED 3.

VELLACHI, W/O.AYYAPPAN (LATE) ARIKULANGARA, CHOOLANNUR DESOM, PERINGOTTUKURISSI VILLAGE, ALATHUR TALUK. ADDL. 3RD RESPONDENT IS IMPLEADED AS THE LR OF DECEASED 1ST RESPONDENT AS PER ORDER DT.9/6/06 ON CMP.1061/02. * ADDL.R4 TO 7 ARE IMPLEADED 4.

RUGMINI, W/O. LATE SAHADEVAN, AGED 45, RESIDING AT ERRIKULAM HOUSE, CHOOLANNUR, ALATHUR.

5.

SUMA, D/O.LATE SAHADEVAN, DO. DO.

PJ ....2/-

..2..

SA.No. 92 of 1998 C ------------------------- 6.

SHIMA, DO. DO. DO.

7.

HIMA, DO. DO. DO.

ADDL.RESPONDENTS 4 TO 7 ARE IMPLEADED AS PER THE ORDER DATED 23/12/15 IN IA.1523/2010.

R4-R7 BY ADV. SRI.P.R.VENKETESH THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23-12-2015, ALONG WITH SA.121/1998 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

P.B.SURESH KUMAR, J.

----------------------------------- S.A.Nos.92 & 121 of 1998 ------------------------------------------------ Dated this the 23rd day of December, 2015

JUDGMENT

The parties to these Second Appeals have settled their disputes by recourse to mediation. The memorandum of settlement arrived at by them at the mediation is part of the records.

2.

In the light of the settlement arrived at by the parties at the mediation, the impugned decisions are set aside and O.S.No.448 of 1986 on the file of the Munsiff Court, Wadakkanchery is disposed of in terms of the settlement. A copy of the memorandum of settlement arrived at by the parties at the mediation shall be appended to this judgment and the original shall be preserved.

P.B.SURESH KUMAR, JUDGE.

smm