Thonakkara George vs Michael Antony
2022 Latest Caselaw 9510 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       RSA NO. 647 OF 2019
 AGAINST THE JUDGMENT AND DECREE JUDGMENT DATED 12/6/2018 IN A.S
         NO.54 OF 2013 OF THE PRL.SUB COURT, THALASSERY
 AGAINST THE JUDGMENT AND DECREE DATED 30.3.2013 IN O.S NO.136 OF
              2007 OF THE MUSIFF COURT, KUTHUPARAMBA
APPELLANTS/DEFENDANTS 1-5:

    1     THONAKKARA GEORGE,
          AGED 66 YEARS
          S/O. PAILY, RESIDING AT THONAKKARA HOUSE,
          ARALAM AMSOM, DESOM, PAYAM P.O,
          EDOOR, THALASSERY TALUK.
    2     ROBIN VATTIKKATTU,
          AGED 43 YEARS
          S/O. THOMAS, RESIDING AT THONAKKARA HOUSE,
          ARALAM AMSOM, DESOM, PAYAM P.O,
          EDOOR, THALASSERY TALUK.
    3     GEORGE MAPLANTHOTTAM,
          AGED 48 YEARS
          MAPLANTHOTTAM HOUSE, ARALAM AMSOM, DESOM,
          PAYAM P.O, EDOOR, THALASSERY TALUK.
    4     MATHACHAN @ VATTAMATTAM MATHEW.
          AGED 56 YEARS
          S/O. JOSEPH, ARALAM AMSOM, DESOM, PAYAM P.O,
          EDOOR, THALASSERY TALUK.
    5     MATHACHAN @ MATHEW KUTILIL,
          AGED 68 YEARS
          S/O. SCARIA, KUTILIL HOUSE, ARALAM AMSOM, DESOM, PAYAM
          P.O, EDOOR , THALASSERY TALUK.
          BY ADVS.
          MANU.M.THOMAS
          SRI.P.C.ANIL KUMAR
          SMT.P.SREESHA
RESPONDENTS/PLAINTIFF AND DEFENDANTS 6 TO 9:
     1     MICHAEL ANTONY,
           AGED 50 YEARS
           S/O. ANTONY, WORKING IN KUWAIT,
           RESIDING AT PALLIPARAMBIL HOUSE,
           ARALAM AMSOM, DESOM, THALASSERY TALUK,
           KANNUR DISTRICT, REP. BY P.A. HOLDER P.M. JOSEPH, S/O.
           MATHEW, AGED 70 YEARS, PALLITHADATHIL HOUSE, PAYAM
           AMSAM DESOM, KANNUR
 RSA No.647 of 2019
                                   2


      2       SECRETARY,
              IRITTY BLCOK PANCHAYATH, IRITTY KANNUR-670 703
      3       PRESIDENT,
              IRITTY BLOCK PANCHAYATH, IRITTY , KANNUR-670 703
      4       ARALAM GRAMA PANCHAYATH,
              REP. BY ITS SECRETARY, P.O. PAYAM, KANNUR 670 704.
      5       STATE OF KERALA,
              REP. BY THE DISTRICT COLLECTOR, KANNUR-670 001
              BY ADVS.
              SRI.K.V.PAVITHRAN - R1 BY POA
              SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL -R1 BY POA
              SRI.JITHIN S SUNDARAN -R1 BY POA
              SRI.CIBI THOMAS - R4
              GOVERNMENT PLEADER -R5
      THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.647 of 2019
                                        3




                                   JUDGMENT

Dated this the 25th day of August, 2022

This appeal has been filed against the judgment and

decree in A.S. No.54/2013 on the file of Principal Sub Court,

Thalassery, which arise out of the judgment and decree in O.S.

No.136/2007 on the file of Munsiff Court, Kuthuparamba.

2. When the case came up for hearing, it is submitted

by the learned counsel for both parties that the matter has

been settled out of court. I.A. No.1/2022 compromise petition

has been filed under Order 23 Rule 3 stipulating the various

terms of compromise.

3. On going through the terms of compromise, I am

satisfied that all the issues between the parties have been

amicably settled out of court. Accordingly, the compromise is

recorded. In the light of the same judgment and decree passed

by the Munsiff Court, Kuthuparamba in O.S. No.136/2007 and

the judgment and decree passed by the Principal Sub Court,

Thalassery in A.S. No.54/2013 is hereby set aside.

RSA is disposed of in terms with the compromise petition. RSA No.647 of 2019

Defendants 6 to 9 being formal parties have not signed the

compromise petition. I.A. No.1/2022 will form part of the

decree.

All pending I.As. are closed.

Sd/-

M.R.ANITHA JUDGE

SMF