IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
RSA NO. 1163 OF 2017
(AGAINST THE DECREE AND JUDGMENT DATED 13.3.2017 IN A.S. NO.69/11 ON THE
FILE OF THE IIIRD ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM, AS FAR
AS IT SET ASIDE DECREE IN THE COUNTER CLAIM ARISING IN O.S. NO.420 OF
2002 ON THE FILE OF THE 2ND ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM)
APPELLANTS/RESPONDENTS 1 & 2/DEFENDANTS 1 & 2:
1 UNNIKRISHNAN NAIR
UMA VIHAR, KURAKKANNIDESOM, VARKALA VILLAGE,
CHIRAYINKIL TALUK, THIRUVANANTHAPURAM.
2 SUNITHA
D/O.GOVINDA KURUP, KURAKKANI DESOM,
VARKKALA VILLAGE,CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.L.MOHANAN
SMT.LIGEY ANTONY
RESPONDENTS/APPELLANT & RESPONDENTS 3 TO 6/PLAINTIFF & DEFENDANTS 3 TO 6:
1 BEENA PAUL, D/O.REETA PAUL,
AGED 73 YEARS, BEEN BHAVAN, T.C.26/872(1),
PANAVILA JUNCTION, THIRUVANANTHAPURAM-695004.
2 VIJAYAN,(DELETED)
S/O.GOVINDAKURUP, KURAKKANIDESOM, VARKALA VILLAGE,
CHIRAYINKIL TALUK, VARKALA P.O.,
THIRUVANANTHAPURAM-695141.
3 SAINUDEEN,(DELETED)
S/O.FAKIR MOIDEEN, SABEENA MANZIL,
PALLIPPURAM VILLAGE, KANIYAPURAM P.O., THIRUVANANTHAPURAM-
695301.
4 HARIKUMAR,(DELETED)
TELTROL COURIER SERVICE, PANAVILA JUNCTION,
THIRUVANANTHAPURAM-695004.
5 SATHAGOPAN NAIR,(DELETED)
T.C.47/1250, KARAMANA, THIRUVANANTHAPURAM-695002.
RESPONDENT NOS.2 TO 5 ARE DELETED FROM THE PARTY ARRAY AT
THE RISK OF THE APPELLANT AS PER ORDER DATED 17/06/2022 IN
IA.2/2022.
BY ADV.B.L.MANISH - R1
BY ADV.RAVIKUMAR - R4
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1163 of 2017
2
JUDGMENT
Dated this the 23rd day of June, 2022 Appeal has been filed against the decree and judgment in A.S. No.69/2011 dated 13.3.2017 on the file of 3rd Additional District Judge, Thiruvananthapuram, to the extend of setting aside the counter claim arising out of O.S. No.420/2002 on the file of 2nd Additional Sub Judge, Thiruvananthapuram.
When the case came up for hearing, a compromise petition has been filed as I.A. No.1 of 2022 by settling the entire issues between the parties.
On going through the compromise petition, I am satisfied that the parties have legally settled the issue. Hence, compromise petition is recorded. In the light of the same suit and counter claim is dismissed and appeal is disposed of. Compromise petition will form part of the decree.
All pending I.As. are closed.
Sd/-
M.R.ANITHA JUDGE SMF