Kerala High Court
Jose.T.Simon vs Dr.K.Neelakanda Pillai on 30 September, 2021
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. 898 OF 2010
AGAINST THE JUDGMENT AND DECREE IN AS 30/2008 OF SUB
COURT, PALA ARISING OUT OF THE JUDGMENT AND DECREE IN
O.S.NO.169/2006 OF THE MUNSIFF COURT, KANJIRAPPALLY
APPELLANTS/RESPONDENTS 1 & 2/DEFENDANTS 1 & 2 :
1 JOSE.T.SIMON, S/O SIMON, THACHARA HOUSE,
VADAKKUMBHAGOM KARA, CHIRACKADAVU VILLAGE,,
KANJIRAPPALLY TALUK.
2 JAIMOL JOSE W/O. JOSE.T.SIMON
DO-DO-
BY ADV SRI.MATHEW JOHN (K)
RESPONDENTS/APPELLANT & REPSONDENTS 3 TO 5/PLAINTIFF AND
DEFENDANTS 3 TO 5:
1 DR.K.NEELAKANDA PILLAI [DIED]
PILLAI, LAKSHMI NILAYAM HOUSE, ZILLA BUNGALOW
ROAD, KOZHIKODE VILLAGE & DISTRICT-673001.
2 BHARAT PETROLEUM CORPORATION LIMITED
A COMPANY INCORPORATED UNDER THE INDIAN
COMPANIES ACT, HAVING ITS REGD. OFFICE AT
BHARATH BHAVAN 476, CURRIMBHOY ROAD, BELLARD
ESTATE ROAD,, BOMBAY (MUMBAI] REPRESENTED BY
ITS SECRETARY
RSA NO. 898 OF 2010
..2..
3 THE DIVISIONAL MANAGER BHARAT
PETROLEUM CORPORATION LIMITED, IRRIMPANAM,
INSTALLATION, IRRIMPANAM.P.O., COCHIN-682309.
4 LEELA KURIAKOSE W/O. KURIAKOSE
PULIYIL HOUSE, PONKUNNAM.P.O, CHIRACHADAVU
VILLAGE, KANJIRAPPALLY TALUK-686507.
*5 DR.GEETHA,W/O LATE DR.K.NEELAKANDA PILLAI,
RESIDING AT LAKSHMI NILAYAM ROAD, ZILLA BUNGLOW
ROAD, KOZHIKODE VILLAGE, KOZHIKODE DISTRICT
*6 DR.MURALI KRISHNA, S/O LATE DR.K. NEELAKANDA
PILLAI, RESIDING AT LAKSHMI NILAYAM ROAD, ZILLA
BUNGALOW ROAD, KOZHIKODE VILLAGE, KOZHIKODE
DISTRICT
ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS
PER ORDER IN I.A.NOS.1 AND 2/2020 AND CM
APPLN.3/2020 DATED 30.09.2021
BY ADVS.
R1 BY SRI.K.RAMAKUMAR SR.
R1 BY SRI.T.RAMPRASAD UNNI
R1 BY PREM NAVAZ
R2 AND R3 BY N.N. SUGUNAPALAN SR.
R5 AND R6 BY SRI.K.M.JAMALUDHEEN
R5 AND R6 BY SMT.LATHA PRABHAKARAN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RSA NO. 898 OF 2010
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JUDGMENT
This appeal is directed against the judgment and
decree dated 24.06.2010 in A.S.No.30/2008 on the file of
the Sub Court, Pala arising out of the judgment and
decree dated 15.10.2007 in O.S.No.169/2006 on the file
of the Munsiff Court, Kanjirappally.
2. Defendants 1 and 2 in O.S.No.169/2006 of the
Munsiff Court, Kanjirappally who are in turn respondents
1 and 2 before Sub Court, Pala are the appellants herein.
The suit was instituted by the first respondent for
declaration and injunction for both prohibitory and
mandatory. Respondents 2 to 4 herein are respectively
defendants 3 to 5 before the Munsiff Court and
respondents 3 to 5 before the Sub Court, Pala. On
identical matter, RSA No.1171/2010 was filed by
defendants 3 and 4 before this Court.
RSA NO. 898 OF 2010
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3. During the pendency of the proceedings, the
parties settled the matter by way of separate compromise
in RSA.No.1171/2010 wherein the appellants in AS
No.30/2008 are also parties. Since the compromise has
been recorded in RSA No.1171/2010 and the suit was
disposed of in terms of the compromise in RSA
No.1171/2010, the learned counsel for the appellants and
respondents submit that no further relief is warranted in
RSA No.898/2010 and it can be closed.
Recording the submission, RSA No.898/2010 stands
closed, in the light of the compromise in RSA
No.1171/2010.
Pending applications, if any, stand closed.
Sd/-
N.ANIL KUMAR
JUDGE
kkj
