Kerala High Court
Somarajan vs Somarajan on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
RSA.No.1438 OF 2013
AS 127/2010 OF ADDITIONAL DISTRICT COURT (ADHOC)-II,
KOLLAM
OS 258/1996 OF ADDITIONAL SUB COURT, KOLLAM
APPELLANTS/RESPONDENTS/PLAINTIFFS:
1 SOMARAJAN, AGED 77 YEARS, S/O.RAMAN,
AMRITHALAYAM, ERATHU CHERRY, MEENAD VILLAGE.
2 JAGADAMMA, W/O.SOMARAJAN, AGED 69 YEARS,
AMRITHALAYAM, ERATHU CHERRY, MEENAD VILLAGE.
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
RESPONDENTS/APPELLANTS/DEFENDANTS:
1 BHASURANGI, (DIED)
AGED 58 YEARS, D/O.KRISHNAN, CHARUVILA VEEDU,
KARAMCODE, CHATHANNOOR, ERATHU CHERRY, MEENAD
VILLAGE-691 572
2 REMA DEVI, AGED 53 YEARS, D/O.KRISHNAN,
CHARUVILA VEEDU, KARAMCODE, CHATHANNOOR,
ERATHU CHERRY, MEENAD VILLAGE-691 572.
ADDL. SHIVANANDAN.G., GED 72 YEARS
R3 S/O.GOPALAN, CHEROOR VEEDU, KARAMCODE P.O.,
CHATHANOOR, KOLLAM-691 579.
ADDL. NIBU.S., AGED 48 YEARS
R4 S/O.SHIVANANDAN, CHEROOR VEEDU, KARAMCODE
P.O., CHATHANOOR, KOLLAM-691 579.
RSA.No.1438 OF 2013
..2..
ADDL. GEETHA.S
R5 AGED 45 YEARS
S/O.SHIVANANDAN,VALSALALAYAM, KARAVARAM,
THOTTAKKADU, KALLAMBALAM, THIRUVANANTHAPURAM-
695 605.
ADDL. DIPU.S,
R6 AGED 42 YEARS, S/O.SHIVANANDAN, CHEROOR VEEDU,
KARAMCODE P.O., CHATHANOOR, KOLLAM-691 579.
(LEGAL HEIRS OF DECEASED 1ST RESPONDENT ARE
IMPLEADED AS ADDL.RESPONDENTS 3 TO 6 AS PER
THE ORDER DATED 03.03.2021 IN IA.3/2021.)
R1 BY ADV. SMT.R.BINDU
R1 BY ADV. SRI.HARISH GOPINATH
R1 BY ADV. SRI.JOHNSON JOSE PANJIKKARAN
R1-6 BY ADV. SRI.R.S.KALKURA
R1 BY ADV. SRI.M.S.KALESH
R1 BY ADV. SRI.K.KURIAN KOSHY
R1 BY ADV. SMT.M.K.LEELAKUMARI
R1 BY ADV. SMT.A.V.PRIYA
R1 BY ADV. SRI.SANIL KUNJACHAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RSA.No.1438 OF 2013
..3..
JUDGMENT
of 1996 on the file of the Additional Sub Court,
Kollam. The suit was for declaration of title and
possession over the plaint schedule property and
for declaration that the document No.3601/99 of
Chathannur Sub Registrar's Office is only a
security document executed by the plaintiffs in
favour of the defendants for repayment of the
loan with interest and for a direction to the
defendants to execute the proper re-conveyance
deed regarding the plaint schedule property. The
trial court decreed the suit. In the appeal filed
by the defendants as AS No. 127 of 2010 on the
file of the Additional District Court (Adhoc)-II,
Kollam, the appellate court found that the
transaction is not that of a loan arrangement,
but sale of the property. Accordingly, the appeal
was allowed and the original suit was dismissed.
RSA.No.1438 OF 2013
..4..
Challenging the judgment and decree of the first
appellate court, this Regular Second Appeal has
been filed.
2. During the pendency of the case, both the
appellants and the respondents mediated and the
matter is settled out of court by way of
memorandum of agreement under Section 89 of the
Code of Civil Procedure r/w Rules 24 & 25 of the
Civil Procedure (Alternative Dispute Resolution)
Rules, 2008. The memorandum of agreement is in
accordance with law. Hence, the same is recorded.
Thus, this Regular Second Appeal stands disposed
of in accordance with the memorandum of agreement
dated 03.03.2021. The terms of memorandum of
agreement will form part of the decree. Pending
applications, if any, stand disposed of.
Sd/-
N.ANIL KUMAR
JUDGE
Bka/-
