Kerala High Court
Mavulla Niravummal Kannan vs Thekkeyil Mathu on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
RSA NO. 44 OF 2009
AGAINST THE JUDGMENT AND DECREE IN AS 283/2006 OF
ADDITIONAL DISTRICT COURT, VADAKARA, IN O.S.NO.13/2003
OF SUB COURT, VADAKARA
APPELLANTS/APPELLANTS IN A.S./DEFENDANTS 4 & 5 IN O.S.:
1 MAVULLA NIRAVUMMAL KANNAN
S/O.KANARAN, AGED 46 YEARS, AGRICULTURIST,,
VALLIYAD AMSOM AND DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT. (DIED) (LRS IMPLEADED)
2 MAVULLA NIRAVUMMAL KRISHNAN
S/O. KANARAN, AGED 52 YEARS, VALLIYAD AMSOM
AND, DESOM, VATAKARA TALUK, KIZHIKODE DISTRICT.
3 ADDL. A3. JANU,
AGED 49 YEARS
D/O. KANNAN, VALLIYAD AMSOM DESOM, VATAKARA
TALUK, KOZHIKODE.
4 ADDL. A4. BALAN,
AGED 45 YEARS
S/O. LATE KANNAN, VALLIYAD AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE.
5 ADDL. A5. INDIRA,
AGED 43 YEARS
D/O. LATE KANNAN, VALLIYAD AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE.
6 ADDL. A6. ASOKAN,
AGED 40 YEARS
S/O. LATE KANNAN, VALLIYAD AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE.
RSA NO. 44 OF 2009
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7 ADDL. A7. ANITHA,
AGED 38 YEARS
D/O. LATE KANNAN, VALLIYAD AMSOM DESOM, VADAKARA
TALUK, KOZHIKODE.
8 ADDL. A8. MOLY,
AGED 30 YEARS
D/O. LATE KANNAN, VALLIYAD AMSOM DESOM, VADAKARA
TALUK, KOZHIKODE.
LEGAL REPRESENTATIVE OF DECEASED 1ST APPELLANT
ARE IMPLEADED AS ADDL. APPELLANTS 3 TO 8 AS PER
ORDER DATED 2.7.21 IN IA.379/12.
A2 BY ADV. P.SANJAY
A2 BY ADV. A. PARVATHY MENON
ADDL. A3 TO A8 BY A. PARVATHY MENON
ADDL. A3 TO A8 BY GLEN ANTONY
ADDL. A3 TO A8 BY M.VANAJA
RESPONDENTS/RESPONDENTS IN A.A./PLALINTIFF 1-4 &
DEFENDANTS 1-3 IN OS.
1 THEKKEYIL MATHU,
AGED 60 YEARS
W/O. KANARAN MASTER, KUNNUMMAL AMSOM DESOM,
VADAKARA, TALUK KOZHIKODE DISTRICT.
2 PADINHARAYL SUKUMARAN S/O. KUNHI
ONAKKAN, AGED 39 YEARS, KALLUNIRA, VALAYAM,
AMSOM DESOM, VATAKARA TALUK.
RSA NO. 44 OF 2009
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3 PADINHARAYIL SUMA D/O. JANU AND KUNHI
ONAKKAN, AGED 37 YEARS, KALLUNIRA, VALAYAM
AMSOM,, DESOM, VADAKARA TALUK.
4 PADINHARAYIL SUDHA,
D/O. JANU AND KUNHI ONAKKAN, AGED 35 YEARS,
KALLUNIRA, VALAYAM AMSOM, DESOM, VADAKARA TALUK.
5 CHEMBODATH ASOKAN S/O. CHEERU
AGED 45 YEARS, PROFESSION-NIL, VALAYAM AMSOM
DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT.(DIED)
(LRS IMPLEADED)
6 CHEMBODATH RAJU S/O.CHEERU AGED 42
YEARS, VALAYAM AMSOM DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT.
7 C.KUNHIKANNAN S/O. CHEERU, CHEMBODATH HOUSE,
VALAYAM
AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT.
8 ADDL. R8. SANTHA,
AGED 65 YEARS
W/O. LATE C.ASOKAN, CHEMBODATH HOUSE, KALLUNIRA
P.O., VALAYAM (VIA), KOZHIKODE DISTRICT, PIN-
673517.
9 ADDL. R9. VIPANCHIKA A.S.,
AGED 44 YEARS
D/O. LATE C.ASOKAN, CHEMBODATH HOUSE, KALLUNIRA
P.O., VALAYAM (VIA), KOZHIKODE DISTRICT, PIN-
673517.
RSA NO. 44 OF 2009
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10 ADDL. R10. ANUSREE A.S.,
AGED 35 YEARS
D/O. LATE C.ASOKAN, CHEMBODATH HOUSE, KALLUNIRA
P.O., VALAYAM (VIA), KOZHIKODE DISTRICT, PIN-
673517.
LEGAL REPRESENTATIVES OF DECEASED 5TH RESPONDENT
ARE IMPLEADED AS ADDL. RESPONDENTS 8 TO 10 AS
PER ORDER DATED 02.07.21 IN IA.2/19.
R1 TO R4 BY ADV G.UNNIKRISHNAN
R5 TO R7 BY ADV. K.V. SOHAN
ADDL. R8 TO R10 BY ADV. SREEJA SOHAN K.
ADDL. R8 TO R10 BY ADV.REJI R.
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
HEARING ON 02.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RSA NO. 44 OF 2009
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JUDGMENT
This Second Appeal is filed against the judgment and
decree dated 23.10.2008 in A.S.No.283/2006 on the file of
the Additional District, Judge, Vadakara which arose from
the judgment and decree dated 30.08.2006 in
O.S.No.13/2003 on the file of the Subordinate Court,
Vadakara.
2. The suit is for partition, declaration of title and
for permanent prohibitory injunction. The Trial Court
decreed the suit against which the appellants preferred
the first appeal. The first appellate court confirmed the
judgment of the Trial Court. Hence, this second appeal
has been preferred.
During the pendency of the appeal, the parties
settled the matter out of court by way of compromise.
RSA NO. 44 OF 2009
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I.A.No.1/2021 is filed to record the compromise. The
compromise is recorded and the appeal stands decreed in
terms of the compromise upholding the judgment and
decree of the Sub Court, Vadakara in O.S.No.13/2013.
The terms of the compromise will form part of the decree.
This RSA is disposed of accordingly. Pending
applications, if any, stand closed.
Sd/-
N.ANIL KUMAR
JUDGE
kkj
RSA NO. 44 OF 2009
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APPENDIX OF RSA 44/2009
PETITIONER ANNEXURE
Annexure A1 A TRUE COPY OF THE REPRESENTATION
DATED 23/12/2008.
