Dr.K.Neelakanda Pillai (Died And ... vs Bharath Petroleum Corporation ...
2021 Latest Caselaw 20268 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
 THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
                          1943
                   RSA NO. 52 OF 2010
  AGAINST THE JUDGMENT AND DECREE IN AS 118/2006 OF SUB
  COURT, PALA, KOTTAYAM ARISING OUT OF THE JUDGMENT AND
  DECREE IN O.S.NO.155/2003 ON THE FILE OF THE MUNSIFF
                  COURT, KANJIRAPPALLY
APPELLANT/S:

   1     DR.K.NEELAKANDA PILLAI (DIED AND LEGAL HEIRS
         IMPLEADED AS ADDITIONAL APPELLANTS 2 AND 3)
         S/O. LATE KRISHNAPILLAI, NOW RESIDING AT,
         LAKSHMI NILAYAM HOUSE, ZILLA BUNGLOW ROAAD,,
         KOZHIKKODU VILLAGE, KOZHIKODE DISTRICT.

   2     DR.GEETHA, W/O LATE DR. K.NEELAKANDA PILLAI
         RESIDING AT LAKSHMI NILAYAM ROAD, ZILLA BUNGLOW
         ROAD, KOZHIKODE VILLAGE, KOZHIKODE DISTRICT


   3     DR. MURALI KRISHNA
         S/O LATE DR. K NEELAKANDA PILLAI, RESIDING AT
         LAKSHMI NILAYAM ROAD, ZILLA BUNGLOW ROAD,
         KOZHIKODE VILLAGE, KOZHIKODE DISTRICT.

        BY ADVS.
        K.RAMAKUMAR (SR.)
        SRI.T.RAMPRASAD UNNI
        SRI.S.M.PRASANTH
        J.R.PREM NAVAZ
 RSA NO. 52 OF 2010

                                  ..2..



RESPONDENT/S:

    1       BHARATH PETROLEUM CORPORATION LTD.
            BHARATH BHAVAN, 476 CURRIMBHOY ROAD, BELLARD,
            ESTATE ROAD, BOMBAY (MUMBAI), REPRESENTED BY
            ITS, SECRETARY.

    2       THE DIVISIONAL MANAGER BHARATH
            PETROLEUM CORPORATION LTD., IRRIMPANAM,
            INSTALLATION, IRRIMPANAM.P.O., COCHIN-682309.

    3       JOSE T SIMON AGED 47 YEARS
            S/O. SIMON, RESIDING AT THACHARA HOUSE,,
            VADAKKUMBHAGOM KARA, CHIRAKKADAVU VILLAGE,,
            KANJIRAPPALLY TALUK.

    4       JAIMOL JOSE AGED 35 YEARS
            W/O. JOE T SIMON, RESIDING AT THACHARA HOUSE,,
            VADAKKUMBHAGOM KARA, CHIRAKKADAVU VILLAGE,,
            KANJIRAPPALLY TALUK.

           BY ADVS.
           SRI.MATHEW JOHN K
           SRI.N.N.SUGUNAPALAN SR.
           SRI.S.SUJIN




        THIS   REGULAR   SECOND    APPEAL    HAVING    COME    UP    FOR
ADMISSION      ON   30.09.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 RSA NO. 52 OF 2010

                                ..3..




                          JUDGMENT

This regular second appeal is directed against the

judgment and decree dated 12.06.2009 in

A.S.No.118/2006 on the file of the Sub Court, Pala arising

from the judgment and decree dated 12.04.2006 in

O.S.No.155/2003 on the file of the Munsiff Court,

Kanjirappally. The trial court dismissed the suit on the

ground that the lease is for commercial purpose and that

the lessee has put up building in the premise for

commercial purpose before 20.05.1967 and the first

defendant is entitled to the protection under Section 105

of the KLR Act. Challenging the judgment and decree,

the appellant preferred an appeal before the Sub Court,

Pala as A.S.No.118/2006. The appeal was dismissed

confirming the judgment and decree of the trial court.

Feeling aggrieved, the appellant was before this Court. RSA NO. 52 OF 2010

..4..

2. During the pendency of the appeal, the sole

appellant died. His legal heirs were impleaded as

supplemental appellants 3 and 4.

3. Now, both the appellants and respondents filed

a compromise petition before this Court whereby the

parties agreed to settle the matter in accordance with the

terms stated in the compromise petition. On a perusal of

the terms of the compromise, this Court is satisfied that

the terms of compromise are legally in order and can be

accepted.

4. Resultantly, the regular second appeal stands

disposed of in terms of compromise. The terms of

compromise will form part of the decree.

Pending applications, if any, stand closed.

Sd/-

N.ANIL KUMAR JUDGE kkj