Unnikrishnan Nair vs Beena Paul
2022 Latest Caselaw 7208 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA
         THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                           RSA NO. 1163 OF 2017
(AGAINST THE DECREE AND JUDGMENT DATED 13.3.2017 IN A.S. NO.69/11 ON THE
 FILE OF THE IIIRD ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM, AS FAR
  AS IT SET ASIDE DECREE IN THE COUNTER CLAIM ARISING IN O.S. NO.420 OF
  2002 ON THE FILE OF THE 2ND ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM)
APPELLANTS/RESPONDENTS 1 & 2/DEFENDANTS 1 & 2:

     1      UNNIKRISHNAN NAIR
            UMA VIHAR, KURAKKANNIDESOM, VARKALA VILLAGE,
            CHIRAYINKIL TALUK, THIRUVANANTHAPURAM.
     2      SUNITHA
            D/O.GOVINDA KURUP, KURAKKANI DESOM,
            VARKKALA VILLAGE,CHIRAYINKIL TALUK,
            THIRUVANANTHAPURAM.
            BY ADVS.
            SRI.L.MOHANAN
            SMT.LIGEY ANTONY

RESPONDENTS/APPELLANT & RESPONDENTS 3 TO 6/PLAINTIFF & DEFENDANTS 3 TO 6:

     1      BEENA PAUL, D/O.REETA PAUL,
            AGED 73 YEARS, BEEN BHAVAN, T.C.26/872(1),
            PANAVILA JUNCTION, THIRUVANANTHAPURAM-695004.
     2      VIJAYAN,(DELETED)
            S/O.GOVINDAKURUP, KURAKKANIDESOM, VARKALA VILLAGE,
            CHIRAYINKIL TALUK, VARKALA P.O.,
            THIRUVANANTHAPURAM-695141.
     3      SAINUDEEN,(DELETED)
            S/O.FAKIR MOIDEEN, SABEENA MANZIL,
            PALLIPPURAM VILLAGE, KANIYAPURAM P.O., THIRUVANANTHAPURAM-
            695301.
     4      HARIKUMAR,(DELETED)
            TELTROL COURIER SERVICE, PANAVILA JUNCTION,
            THIRUVANANTHAPURAM-695004.
     5      SATHAGOPAN NAIR,(DELETED)
            T.C.47/1250, KARAMANA, THIRUVANANTHAPURAM-695002.
            RESPONDENT NOS.2 TO 5 ARE DELETED FROM THE PARTY ARRAY AT
            THE RISK OF THE APPELLANT AS PER ORDER DATED 17/06/2022 IN
            IA.2/2022.
            BY ADV.B.L.MANISH - R1
            BY ADV.RAVIKUMAR - R4

     THIS   REGULAR   SECOND   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.1163 of 2017
                                       2




                                 JUDGMENT

Dated this the 23rd day of June, 2022

Appeal has been filed against the decree and judgment

in A.S. No.69/2011 dated 13.3.2017 on the file of 3rd Additional

District Judge, Thiruvananthapuram, to the extend of setting

aside the counter claim arising out of O.S. No.420/2002 on the

file of 2nd Additional Sub Judge, Thiruvananthapuram.

When the case came up for hearing, a compromise

petition has been filed as I.A. No.1 of 2022 by settling the

entire issues between the parties.

On going through the compromise petition, I am satisfied

that the parties have legally settled the issue. Hence,

compromise petition is recorded. In the light of the same suit

and counter claim is dismissed and appeal is disposed of.

Compromise petition will form part of the decree.

All pending I.As. are closed.

Sd/-

M.R.ANITHA JUDGE

SMF