Southern Railway vs Arsha Raj
2022 Latest Caselaw 3421 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                   MAT.APPEAL NO. 655 OF 2018
 AGAINST THE ORDER/JUDGMENT IN OP 17/2013 OF FAMILY COURT,
                           NEDUMANGAD
APPELLANT:

           SOUTHERN RAILWAY
           REPRESENTED BY SENIOR DIVISIONAL PERSONNEL
           OFFICER,PERSONNEL BRANCH, SOUTHERN
           RAILWAY,TRIVANDRUM DIVISION,
           THIRUVANANTHAPURAM-14

           BY ADV SRI.A.DINESH RAO, SC, RAILWAYS


RESPONDENTS:
      1    ARSHA RAJ
           AGED 16 YEARS, DAUGHTER OF LATE
           KASTHURI,REPRESENTED BY HER GUARDIAN
           SMT.MEENAKUMARI, DAUGHTER OF SMT. SWARNAMMA,
           RESIDING AT DEEPU BHAVAN,VENKAVILA,
           IRINCHAYAM, ANANDU VILLAGE, NEDUMANGAD TALUK,
           THIRUVANANTHAPURAM 695 541.

     2       ASHA
             AGED 42 YEARS,DAUGHTER OF SMT. SWARNAMMA,
             RESIDING AT T.C 36/115(1),NATARAJA MANDIRAM,
             VELLAKKADAVU,THIRUVANANTHAPURAM 695 008.

     3       KRISHNAMMA (DIED)
             AGED 84 YEARS, WIFE OF SHRI. APPAVU CHETTIYAR,
             RESIDING AT T.C 74/648THENGAPPURA LANE,
             SREEKANTESWARAM WARD,VANCHIYOOR VILLAGE,
             THIRUVANANTHAPURAM - 690 035.
 Mat.Appeal No.655 of 2018                  2


   ADDL.R4 GOPU A.,
           S/O.LATE KRISHNAMMA, AGED 54 YEARS, RESIDING AT
           WILFRED HOUSE, NEERAZHI LANE, MEDICAL COLLEGE
           P.O, ULLUR, THIRUVANANTHAPURAM - 695 011.
           PERMANENT ADDRESS:TC No.9/123, KRISHNA NIVAS,
           KALATHUVILAKATHU VEEDU, ANAYARA P.O.,
           THIRUVANANTHAPURAM - 695 029.

   ADDL.R5 SINDHU K.,
           D/O.LATE KRISHNAMMA, RESIDING AT SD BHAVAN,
           THADATHIPILAMOOD, POTHENCODE P.O.,
           THIRUVANANTHAPURAM - 695 584.

   ADDL.R6 REJU K., D/O. LATE KRISHNAMMA, RESIDING AT SD
           BHAVAN,THADATHIPILAMOOD, POTHENCODE P.O.,
           THIRUVANANTHAPURAM - 695 584.

              (ADDL. RESPONDENTS IMPLEADED AS PER ORDER DATED
              22.03.2022 IN I.A No.1 OF 2020).

            BY ADVS.
            R.B. RAJESH
            SRI.SHABU SREEDHARAN
            SHRI.THASBEER AB
            SRI.P.R.VIBHU
            SMT.NIDHI RAVINDRAN
            SRI.M.YOHANNAN
            SMT.VIDYA G NAIR


      THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
22.03.2022,      THE    COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 Mat.Appeal No.655 of 2018               3




                     A.MUHAMED MUSTAQUE &
                         SOPHY THOMAS, JJ.
                   ------------------------------------
                      Mat.Appeal No.655 of 2018
                   ------------------------------------
               Dated this the 22nd day of March, 2022


                            JUDGMENT

A.Muhamed Mustaque, J.

Railway is before us. The railway moved the Family Court,

Nedumangad in I.A Nos.1857 and 1858 of 2016 in O.P No.17 of

2013 to review a compromise decree entered between private

parties herein. The Family Court dismissed that review petition.

Challenging the same, the railway approached this Court.

2. Admittedly, railway is not a party to the compromise

decree. Any compromise entered between private parties without

junction of the railway, is not binding on the railway. There is no

necessity for reviewing the judgment inasmuch as that such

decree is not binding on the railway.

With the above observation and clarification, this appeal is

disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE

smp