Kerala High Court
Preethi vs Sri.N.N.Subramanian on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
RFA.No.423 OF 2018
AGAINST THE JUDGMENT AND DECREE IN OS No.1088/2007 DATED
30-05-2018 OF SUB COURT, ERNAKULAM
APPELLANTS/PLAINTIFFS:
1 PREETHI,
AGED 53 YEARS,
D/O V.K.RAJAN AND LATE AMBIKA, SREENILAYAM,
KATHRIKKADAVU, KOCHI-682 017.
2 PREMAN,
AGED 51 YEARS,
S/O V.K.RAJAN AND LATE AMBIKA, SREENILAYAM,
KATHRIKKADAVU, KOCHI-682 017.
3 UNNIKRISHNAN,
AGED 45 YEARS
S/O V.K.RAJAN AND LATE AMBIKA, SREENILAYAM,
KATHRIKKADAVU, KOCHI-682 017.
4 V.K RAJAN,
AGED 89 YEARS,
S/O.KUNJAN,
SREENILAYAM, KATHRIKKADAVU, KOCHI-682 017.
BY ADVS.
SRI.C.N.SREEKUMAR
SRI.ANIL PRASAD
SMT.MANJU PAUL
SRI.SABU P.JOSEPH
RESPONDENTS/DEFENDANTS:
1 SRI.N.N.SUBRAMANIAN,
AGED 65 YEARS,
S/O LATE NARAYANAN, NANDANATHTHUNDIYIL HOUSE,
CHAKKARAPARAMBU, KOCHI-19.
2 SRI.N.N SHANAVAS,
AGED 61 YEARS,
S/O.LATE NARAYANAN, NANDANATHTHUNDIYIL HOUSE,
CHAKKARAPARAMBU, KOCHI-19.
RFA.No.423/2018 2
3 LALITHA,
AGED 68 YEARS,
D/O.LATE NARAYANAN, THANGATTUPADOM, SHOBA ROAD,
VENNALA, KOCHI-28.
R1 BY ADVS. SRI.P.VISWANATHAN
SRI.AJITH VISWANATHAN
R3 BY ADV. SRI.P.E.THOMAS
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.423/2018 3
JUDGMENT
Dated this the 26th day of February, 2021
It is submitted by the counsel representing parties to the
appeal that the issues involved in the suit have been amicably settled
among them out of court and a compromise petition is filed as I.A
No.01/2021. It is found that I.A No.01/2021 was signed by all the
parties except the deceased 4th appellant, whose legal representatives
are already therein the array. The counsel representing the parties
have also signed the compromise petition.
In that event, the appeal stands allowed in terms of the
compromise petition filed. The compromise petition shall form part
of the judgment. Half of the court fee shall be refunded to the
appellant.
Sd/-
MARY JOSEPH
JUDGE
JJ
THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
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Preethi & others Appellants
Vs
N. N.Subramanian & others Respondents
CODE OF CIVIL PROCEDURE CODE.19O8
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COUNSEL FOR THE APPELLANTS:
SABU P.JOSEPH (S-993) K/1406/1998
COUNSEL FOR THE RESPONDENTS 1 AND 2:
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BEFORE THE HON'BLE HIGH C9URT OF KERALA AT ERNAKULAM :
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APPELLANTS: /
1. Preethi, aged 55, D/o.V.KRajan & late Ambika, Sreenilayam, Kathrikkadavu,
Kochi, Pin code-682 017.
2. Preman, aged 53, S/o. D/o.V.KRajan & late Ambika, Sreenilayam,
Kathrikkadavu, Kochi, Pin code-682 017.
3. Unnikrishnan, aged 47, D/o.V.KRajan & late Ambika, Sreenilayam,
Kathrikkadavu, Kochi, Pin code-682 017.
RESPONDENTS:
1. N.N.Subramanian, aged 67, S/o.late Narayanan, Nandanaththundiyil House,
Chakkaraparambu, Kochi, Pin code-682 019.
2. N.N.Shanavas, aged 63, S/o.late Narayanan, Nandanaththundiyil House,
Chakkaraparambu, Kochi, Pin code-682 019.
3. Lalitha, aged 70, D/o.late Narayanan, Thangattupadom, Shoba Road,
Vennala, Kochi, Pin code-682 028.
COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF THE
CODE OF CIVIL PROCEDURE CODE.19O8
\ 1. The above Regular First Appeal arises from the judgment and decree
dated 30-05-2018 passed in O.S No.1088 of 2007, on the files of Principal Sub
Court, Ernakulam.
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2. lt is submitted that the aforesaid suit was filed by the appellants praying
for a decree partitioning the plaint schedule property having an extent of 6.500 cents
comprised in survey No.391/1.2 of Poonithura village, with residential building,
originally owned by their father Narayanan and allotting 2/5 shares to them. The
defendants 1 and 2 contended that Narayanan had executed Exhibit B1O, Will
No.142 of 1984 of Tripunithura Sub Registry, thereby the plaint schedule property
with residential building was bequeathed to them and hence the plaint schedule
property and building are not partible and prayed for dismissal of the suit. pending
suit the 1st plaintiff died and her legal representatives were impleaded as 5th plaintiff
in the suit. The trial court found that by virtue of the validly executed Exhibit 810 will
the said property and building exclusively,bequeathed to defendants 1 and 2 and
accordingly dismissed the suit.
3. Pending the above appeal the additional Sth plaintiff/4th appellant also
died and his legal representatives are already on record as appellants 1 to 3.
4. During the pendency of the above appeal, considering the relation
between the parties, they have discussed the matter and have arrived at a
settlement amongst themselves on the following terms and conditions:
- a. The appellants/plaintiffs 2 to 4 have accepted and acknowledged the
genuiness and validity of the Exhibit B't0 Will No.142 of 1984 of Tripunithura Sub
Registry executed by late Narayanan, the father of defendants 1 to 3 and the original
l"tplaintiff, bequeathing the plaint schedule property and residential building in
favour of the respondents 1 and 2/defendants 'l and 2.
b. Considering the relationship between the parties, the respondents 1
and 2/defendants 1 and 2 have jointly agree to pay Rs.30,00,000-OO (Rupees thirty
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lakhs only) jointly to appellants 1 to 3/plaintiffs 2 to 4 and to pay Rs.30,00,000-00
(Rupees thirty lakhs only) to the 3d respondenU3rd defendant.
c. The respondents 1 and 2/defendants 1 and 2 have agreed to pay the
aforesaid amount of Rs.60,00,000-00 (Rupees sixty lakhs only) within six months
from the date of receipt of Will No.142 of 1984, of Tripunithura Sub Registry, from
court below.
d. The appellants/plaintiffs 2 lo 4 and the 3'd respondenV3'd defendant
accept the absolute title and possession of the respondents 1 and 2/defendants 1
and 2 over the plaint schedule property and the residential building, by virtue of the
Will No.142 of 1984 of Tripunithura Sub Registry, executed by late Narayanan and
also agree that they will not raise any claim whatsoever over the plaint schedule
property and residential building on receipt of the total sum of Rs.60,00,000-00
(Rupees sixty lakhs only).
e. The respondents 1 and 2/defendants 1 and 2 agree that in case of
failure to pay the amounts as stated above, the appellants/plaintiffs 2 to 4 and the 3'd
respondenV3'd defendant can recover the said amounts with interest at the rate of
12% per annum till realization, by initiating execution proceedings from the
respondents 1 and 2/defendants 1 and 2, by creating a charge over the plaint
schedule property and the residential building. The respondents 1 and 2/defendants
1 and 2 further agree that they shall pay the above amount to the appellants/plaintiffs
2lo 4 and the 3'd respondenU3d defendant on or before the date of registration of
the plaint schedule property in favour of the proposed buyer, in case they want to sell
the property and building for raising funds to effect payment to the
appellants/plaintiffs 2 to 4 and the 3'd respondenU3d defendanl,
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Hence it is prayed that this Hon'ble Court may be pleased to record this
compromise and pass a decree in terms of this compromise without any order as to
cost. lt is also prayed that this compromise petition may be ordered to be the part of
the decree.
Dated this the day of February,2021.
IsrAPPELLANT: R*-13)5
2NDAPPELLANT,
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FOR THE APPELLANTS: [email protected]*t-ruta
1ST REsPoNOENT:
couNSEL 6;;IE RESpoND
E 3RD RESPoNDENT:
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We,1.Preethi, aged 55, D/o.V.K.Rajan& late Ambika, Sreenilayam, Kathrikkadavu,
Kochi, Pin code-682 017, 2.Preman, aged 53, S/o. D/o.V.KRajan& late Ambika,
Sreenilayam, Kathrikkadavu, Kochi, Pin code-682 017, 3.Unnikrishnan, aged 47,
D/o.V.KRajan& late Ambika, Sreenilayam, Kathrikkadavu, Kochi, pin code-692 017,
4.N.N.Subramanian, aged 67, S/o.late Narayanan, Nandanaththundiyil House,
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Chakkaraparambu, Kochi, Pin code-682 019, 5. Sri.N.N.Shanavas, aged 63, S/o.late
Narayanan, Nandanaththundiyil House, Chakkaraparambu, Kochi, pin code-6g2
019,6.Lalitha, aged 70, D/o.late Narayanan, Thangattupadom, Shoba Road,
Vennala, Kochi, Pin code-682 028 do hereby state that what is stated above are true
and correct.
ISrAPPELLANT: R*+\"vt
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