Prasad Punnoose vs M.P.Jacob
2021 Latest Caselaw 4269 Ker

R.F.A.227, 398 & 407 of 2015           1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                               RFA.No.398 OF 2015

 AGAINST THE ORDER/JUDGMENT IN OS 2/2007 DATED 10-12-2014 OF SUB
                       COURT, PERUMBAVOOR

APPELLANT/S:

                PRASAD PUNNOOSE,
                AGED 53 YEARS,
                S/O.PUNNOOSE, MANGALAM ESTATE, KODANADU KARA,
                KODANADU VILLAGE.

                BY ADVS.
                SRI.T.KRISHNANUNNI (SR.)
                SRI.KURIAN ANTONY EDASSERY
                SRI.K.C.KIRAN
                SMT.MEENA.A.
                SRI.VINOD RAVINDRANATH

RESPONDENT/S:

       1        M.P.JACOB,
                AGED 58 YEARS,

S/O.PUNNOOSE, MANGALAM 38/930, CHITTOOR ROAD, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, PIN-682 016.

       2        M.P.PUNNOOSE,
                AGED 53 YEARS,

S/O.M.J.PUNNOOSE, MANGALAM ESTATE, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, PIN-685 554.

       3        N.P.CHERIYAN,
                AGED 43 YEARS,

S/O.M.J.PUNNOOSE, MANGALAM HOUSE, THEVARTHUNDIYIL, PERUMBAVOOR KARA, PERUMBAVOOR, PIN-683 542.

4 SINDHU THOMAS, W/O.THOMAS ZACHARIA, PALAMATTOM HOUSE, ERNAKULAM, R.F.A.227, 398 & 407 of 2015 2

REPRESENTED BY P/A. HOLDER M.P.JACOB, MANAGALAM CHITTOOR ROAD, COCHIN, PIN-682 016.

5 AMEENA JACOB, W/O.M.P.JACOB, MANAGALAM, CHITTOOR ROAD, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, PIN-682 016.

6 AMMINI PUNNOOSE, AGED 96 YEARS, W/O.N.J.PUNNOOSE, MANGALAM HOUSE, KALADY VILLAGE, ALUVA TALUK, PIN-683 101.

       7       GEETHA MATHEW,
               AGED 66 YEARS,

W/O.RNJI MATHEW, MALIYEKKAL HOUSE, 24/8, PEAR PALACE, GOVINDA STREET, T.NAGAR, CHENNAI.

8 USHA CHERIYAN, AGED 64 YEARS, W/O.M.C.CHERIYAN, MANALEL HOUSE, SOBHA WIND FALL, A 423, SAHAGAR NAGAR, AMRITHA HALLI, BANGLORE.

9 THOMAS ZACHARIA, EXECUTIVE PRESIDENT, RESEARCH AND DEVELOPMENT OF KHATHAR FOUNDATION, KHATHAR, UAE.

       10      SARA AABRAHAM,
               AGED 45 YEARS,

W/O.P.J.RANJITH, CHERADI HOUSE, CONVENT ROAD, KOVILVATTOM DESOM, ERNAKULAM-682 016.

       11      JAMEELA RAJEEV,
               AGED 64 YEARS,

W/O.RAJEEV, WEBSTOR BUILDING, NEAR SHENOY'S THEATRE, M.G.ROAD, ERNAKULAM-682 016.

       12      JOHN PAUL ERALI,
               AGED 68 YEARS,

VADAKETHIL, AYYAMPILLY, VYPIN, KUZHIPPILLY VILLAGE, PARAVUR TALUK, PIN-683 513.

13 P.J.RANJITH, S/O.P.V.JOHN, CHERADI HOUSE, CONVENT ROAD, KOVILVATTOM DESOM, ERNAKULAM, PIN-682 016.

14 SAIRA RENJITH, AGE D 48 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

15 DEEPA THOMAS @ SATHEESH, AGED 46 YEARS, D/O.LATE M.P.JACOB, MANGALAM, R.F.A.227, 398 & 407 of 2015 3

NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

16 SANGEETHA THOMAS, AGED 44 YEARS, D/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

17 SHARON MATHEW, AGED 42 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

18 SHAHIN KORAH, AGED 40 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

R1, R4-5, R14-18 BY ADV. SRI.FEBIN J.VELUKARAN R2 BY ADV. SMT.S.LEELALAKSHMI R2 BY ADV. SRI.G.RAJAGOPAL (KUMMANAM) R2 BY ADV. SMT.N.RENJINEE DEVI R3 BY ADV. SRI.ANIL PRASAD R3 BY ADV. SRI.C.N.SREEKUMAR R3 BY ADV. SMT.MANJU PAUL R3 BY ADV. SRI.SABU P.JOSEPH R3 BY ADV. SRI.JOSEPH MATHEW (VALUMMEL) R7-8 BY ADV. SRI.P.ABRAHAM CHERIAN R7-8 BY ADV. SRI.P.VISWANATHAN (VISWABHAVAN) R9 BY ADV. SRI.C.T.JOSEPH R9 BY ADV. SRI.V.VINAY MENON

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2021, ALONG WITH RFA.227/2015, RFA.407/2015, RFA.576/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

&

THE HONOURABLE MR.JUSTICE C.S.DIAS

FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

RFA.No.227 OF 2015

AGAINST THE ORDER/JUDGMENT IN OS 4/2007 OF SUB COURT, PERUMBAVOOR

APPELLANT/S:

MRS.AMEENA JACOB, AGED 68 YEARS, W/O.M.P.JACOB, RESIDING AT MANGALAM HOUSE, CHITTOOR ROAD, KARITHALA DESOM, ERNAKULAM, KOCHI-35.

BY ADV.SRI.V.VINAY MENON

RESPONDENT/S:

       1        PRASAD PUNNOOSE,
                AGED 64 YEARS,

S/O.LATE M.J.PUNNOOSE, HOUSE NO.XIV/247, KOOVAPPADY PANCHAYATH, KODANAD KARA, KODANAD VILLAGE, NOW RESIDING AT PENSILVANIA HOUSE, ASHRAMAM ROAD, KALADY.

2 M.O.MATHAI, S/O.OUSEPH, PARAYEDOM HOUSE, KODANAD KARA, KODANAD VILLAGE, ALATTUCHIRA.P.O, KUNNATHUNAD TALUK,PIN-683 544.

       3        JOY,
                AGED 55 YEARS,

S/O.PAPPACHAN, PARAKUNNATHUKUDY, KURICHILAKODU KARA, KODANAD VILLAGE, KUNNATHUNAD TALUK, P.O KODANAD, PIN-683 544.

R1 BY ADV. SMT.ANN EMIL JOSEPH R1 BY ADV. SRI.KURIAN ANTONY EDASSERY

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2021, RFA.398/2015, RFA.407/2015, RFA.576/2015, THE R.F.A.227, 398 & 407 of 2015 5

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

&

THE HONOURABLE MR.JUSTICE C.S.DIAS

FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

RFA.No.407 OF 2015

AGAINST THE ORDER/JUDGMENT IN OS 200/2008 OF SUB COURT, PERUMBAVOOR

APPELLANT/S:

PRASAD PUNNOOSE, AGED 53 YEARS, S/O.PUNNOOSE, MANGALAM ESTATE, KODANADU KARA, KODANADU VILLAGE.

BY ADVS.

SRI.T.KRISHNANUNNI (SR.) SRI.KURIAN ANTONY EDASSERY SRI.K.C.KIRAN SMT.MEENA.A.

SRI.VINOD RAVINDRANATH

RESPONDENT/S:

1 GEETHA MATHEW, W/O.RENJI MATHEW, MALIYEKKAL HOUSE, 24/8, PEAR PALACE, GOVINDA STREET, T.NAGAR, CHENNAI, PIN-17.

2 USHA CHERIYAN, W/O.M.C.CHERIYAN, MANALEL HOUSE, SOBHA WIND FALL, A 423, SAHAGAR NAGAR, AMRITHA HALLI, BANGLORE, PIN-560 092.

       3        AMMINI PUNNOOSE,
                AGED 96 YEARS,

W/O.N.J.PUNNOOSE, MANGALAM HOUSE, KALADY VILLAGE, ALUVA TALUK, PIN-683 101.

       4        M.P.JACOB,
                AGED 70 YEARS,

S/O.PUNNOOSE, MANGALAM, CHITTOOR ROAD, R.F.A.227, 398 & 407 of 2015 7

ELAMKULAM VILLAGE, KANAYANNOOR TALUK, PIN-682 016.

       5       M.P.PUNNOOSE,
               AGED 68 YEARS,

S/O.M.J.PUNNOOSE, MANGALAM ESTATE, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, PIN-685 554.

       6       M.P.CHERIYAN,
               AGED 56 YEARS,

S/O.M.J.PUNNOOSE, MANAGALAM HOUSE, KODANADUKARA, KODANADU VILLAGE, PIN-683 544.

       7       ZACHARIA THOMAS,
               AGED 65 YEARS,

KALATHIL HOUSE, MANGALAM HOUSE, EREKADAVU, KOTTAYAM, PIN-691 571.

8 COMMANDING OFFICER, N.C.C.NAVAL WING, CHITTOOR ROAD, ERNAKULAM, KANAYANNOOR TALUK, PIN-682 016.

9 AMEENA JACOB, AGED 70 YEARS, W/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS , CHITTOR ROAD, ERNAKULAM.

10 SINDHU THOMAS, AGED 50 YEARS, D/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS , CHITTOR ROAD, ERNAKULAM.

11 SAIRA RENJITH, AGED 48 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

12 DEEPA THOMAS @ SATHEESAN AGED 46 YEARS, D/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

13 SANGEETHA THOMAS, AGED 44 YEARS, D/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

14 SHARON MATHEW, AGED 42 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

15 SHAHIN KORAH, AGED 40 YEARS, S/O.LATE M.P.JACOB, MANGALAM, NEAR NCC HEAD QUARTERS, CHITTOR ROAD, ERNAKULAM.

R1 BY ADV. SRI.P.ABRAHAM CHERIAN R.F.A.227, 398 & 407 of 2015 8

R1, R6 BY ADV. SRI.ANIL PRASAD R1, R4 BY ADV. SRI.FEBIN J.VELUKARAN R1 BY ADV. SRI.JOSEPH MATHEW VALUMMEL R1, R5 BY ADV. SMT.S.LEELALAKSHMI R1 BY ADV. SMT.MANJU PAUL R1 BY ADV. SRI.G.RAJAGOPAL R1 BY ADV. SMT.N.RENJINEE DEVI R1, R7 BY ADV. SRI.SHAHUL HAMEED MOOPPAN R1 BY ADV. SRI.C.N.SREEKUMAR R1 BY ADV. SRI.SABU P.JOSEPH R1 BY ADV. SRI.P.VISWANATHAN

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2021, RFA.227/2015, RFA.398/2015, RFA.576/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.F.A.227, 398 & 407 of 2015 9

JUDGMENT

A.Muhamed Mustaque, J.

These matters came up together as all these matters

are arising from the decree and judgment in O.S.Nos.2/2007,

4/2007 and 200/2008 on the file of Sub-Court, Perumbavoor

dated 10.12.2014.

2. All the parties other than the appellant in

R.F.A.No.576 of 2015 entered into a family settlement

agreement. Therefore, parties to the settlement prayed that

R.F.A.Nos.398 of 2015, 227 of 2015 and 407 of 2015 be

disposed of in the light of the family settlement agreement

by superseding the impugned decree and judgment.

3. In the light of the settlement between the parties in

family settlement agreement, R.F.A.Nos.398 of 2015, 407 of

2015 and 227 of 2015 are allowed. Impugned decree and

judgment superseded by the family settlement agreement

produced along with I.A.No.1 of 2020. The family

settlement agreement will form part of the decree and

judgment of this Court. However, we make it clear that the

settlement and the disposal of the appeal is without R.F.A.227, 398 & 407 of 2015 10

prejudice to the appellant in R.F.A.576 of 2015 to prosecute

his appeal on any ground available under law challenging

the decree and judgment in O.S.No.200 of 2008 on the file of

the Sub-Court, Perumbavoor.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

C.S.DIAS, JUDGE

DG