%$ I.A vs Abbas @ Alukkal Hamzath Abbas
2021 Latest Caselaw 2174 Ker

               IN    THE HIGH COURT OF KERAI,A AT ERNAKUI"A}I

                                         PRESENT

               THE       HONOTTRABLE    MR.'JI'STICE T.V.AtiIILKttllAR

!|EDNESDAY, THE 20TH DAY OF iIAI{UARY 202L                     /   30TH POUSHA, L942

                              oP (C)   .No.594 OF 2016 (o)
  AGATNST THE ORDER DATED 2O-LL-2OL5 rN C.M.A.NO.2/2OL5 OF
   THE ADDITIONAI DISTRICT COT'RE.III, THIRWAIIA}ITTTAPURA}I


PETI TIONER/APPELI,ANT /DEFENDANT              :


                 K. B . TIAI{EEFA,
                 AGED ABOUT 59 YEJARS,
                 S/O BAPPUTTY, I'KARUPPAM VEEDU'"
                 PUTHUSSERT DESOM, CHOONDAL P.O,
                 THALAPPIILY,           KUNNAIdKI      LAl{'
                 THRISSUR DISTRICT

                 BY ADV.        SRT . RAI'TT

RE S PONDENT   /RE   S   PONDENT,/ PI,AINT I FF    :


                 A. V. PRASAIiITII e GURUJI,
                 AGED 42 YE.ARS,
                 S/O K. APPUKUTTA}I NAIR, ''KAI,ATIIARJA VEEDUII
                 PEROORKADA VrLr,AGE, THTRIwAIIAIIIHAPITRA!{

                 BY ADV. SRI.V.S.BABU GIREESAII

      THrS OP        (Crvrl)
                       HAVTNG BEEN FTNATLY HEiARD ON                      20.0L.2O2L
THE COT'RT ON THE SAIIE DAY DELIVERED THE FOLLOIIING:
 o. P. (c)No.594/20L6

                                        -.).-




                       Dated this the 20th day of JanuarY,2ozt

                                JUDGMENT

Parti es fi I ed ti on settl i ng compromi se peti the i ssues as between them and reduci ng the terms of compromise in writing.

r heard the 1earned counsel appearing on both si des.

The se appears to be vo'luntary. rhe compromi

terms of compromise are recorded. rn the result, original petition is disposed of accepti ng compromi se. r.A.No. 1/2021(compromi se petition) will form part of the judgment. Al 1 pendi ng i nterJ ocutory appl i cati ons wi I I stand closed.

                                                          sd/_

                                                T.V.ANILKUMAR, JUDGE

DST                                                              /   /true   copy/

                                                                 P.A.To:udge
 o. P. (c) No. 594/20LG

                                             -.'3;   -


                                        APPENDIX
FETITTONER         I   S EXHIBITS   :




EXHTBIT P1                     TRT'E COPY OF THE ORDER DATED L9-L2-2AL4

rN r.A NO .7292/2OL4 rN O. S.NO .L688/20L4 OF THE FIRST ADDITIONAI MI'NSIFF COURT, TH I RT'VAIVA}IT ITAPT,RJAITI

EXHIBIT P2 TRT'E COPY OF THE ORDER DATED 20-11-2015 IN CMA NO 2/20L5 OF THE ADDITIONAL DrsTRrcT JUDGE, NO. rrr, TH T RUVAIiTAIIT HAPI'RJA}I

RESPONDENTST EXHIBfTS: NfL GA' "l u

Presented on:

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

%$ I.A ,J OP(C) No. 594 /2016 "'q Haneefa Petitioner .K.B.

Vs' \--.-'

Abbas @ Alukkal Hamzath Abbas Respondent

F'r \

( COMPROMISE PETITION SUBMITT'ED BY THE PETITIONER AND 151 RESPONDENT UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL L\I PROCEDURE 1908

"u.\r cprr:*il* elo G{reegve *w4 rla"t

,/nen (R-176) ?6tlNIn Counsel for the Petiti dnmffi9

?oll ^SBtm .-r-.\SuonP )., 2

il&;l*-.

BEFORE THE HONOTIRABLE HIGH COURT OF KERALA AT ERNAKULAi' t I.A .t I 202 in OP(C) No. 594 /2016

X,.B. Haneefa First Party/Petitioner

A.V. Prasanth @ Guruji Second Party/Respondent

COMPROMISE PETITION SUBMITTED BY THE PETITIONER AND IST RESPONDENT LINDER ORDER XXIII RULE 3 OF THE CODE OF CIVL PROCEDURE 1908 C ' Original Petition.No. 59412016 is filed by the Petitioner K.B Haneefa, (hereinafter

called the l't Party) challenging Ext.P9 Order, by which the Sub Court recalled the

compromise decree effected as per EK.P7 on the basis of the application of the respondent

A.V.Prasanth @ Guruji (hereinafter called the 2"d Party), who was not a party to the

compromise decree on account of him being deleted from the party anay. O.P.No.594/2016

is filed by the Petitioner K.B Haneefa, challanging the order in C.M.A No. 2/2015 of

the Additional District Judge, No. III, Thiruvananthapuram in I.A. No.729212014 in

O.S. No. 168812014 whereby the 2nd Party was granted a temporary injunction

restraining the l't Party from taking away the plaint schedule Elephant from the I possession and custody of the 2"d party and from doing anything to obstruct the

ownership of the respondent over the Elephant.

; Pending the proceedings before this Hon'ble Court,the elephant died and both the

parties to the litigation have settled the dispute among themselves as per the terms

and conditions mentioned hereunder.

l. O.S. No. 168812014 in the files of the l't Additional Munsiffs Court,

Thiruvananthapuram, filed by the 2nd party has been dismissed for non

prosecution. The 2nd party agrees not to restore the said suit and make any

claims against the 1sr party.

                                            Qo,@,z*                                V
       2. The 1" party agrees to withdraw O.S.No.106412007 filed before                the

Subordinate Judges Court, Thrissur. The Respondent/2nd Party agees to not-

press I.A. No. 4149/2014 in O.S. 106412007 in the files of the I't Additional ( Sub Court Thrissur.

3. Both parties agree that there shall not be any claim by the parties any more below related with the subject matter of the dispute pending in the courts as

stated above.

It is therefore most humbly prayed that this Hon'ble Court may be pleased to record

this compromise petition and dismiss OP(C) No' 594 /2016 .,?,

Dated this 26th day of Novembet 2020

1. K.B Haneefa, aged 63 years, S/o Bapputty, Karuppam Veedu' Puthusseri

Desom, Choondal P.O, Thalapilly, Kunnamkulam Thrissur J

l

'

i

2. A.V Prasanth, @Guruji, aged 48 years, S/o K'Appuk Nair, Kalathara

Veedu, Peroorkada village, Thiruvannathapuram

Adv.Rajit r&D Adv.Babu Gireeshan Counsel for the First PartY Counsel for the Second PartY