Kerala High Court
Raghavan vs Pennamma,(Died) (Lhrs ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
RSA NO. 45 OF 2014
AGAINST THE JUDGMENT & DECREE DTD.10.10.2013 IN AS 19/2013 OF
DISTRICT COURT, PATHANAMTHITTA
AGAINST THE JUDGMENT & DECREE IN OS 77/2010 OF SUB COURT, THIRUVALLA
APPELLANT/RESPONDENT/DEFENDANT:
RAGHAVAN, AGED 59 YEARS
S/O.MADHAVAN, MANU SADANAM, CHUMATHRA, PUNNAKKUNNAM MURI,
KUTTAPPUZHA VILLAGE FROM NANKARAMALAYIL HOUSE, MUTHOOR
MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK.
BY ADV T.P.PRADEEP
RESPONDENT/APPELLANT/PLAINTIFF:
1 PENNAMMA, AGED 79 YEARS, (DIED) (LHRS IMPLEADED)
W/O.MADHAVAN, NANKARAMALAYIL HOUSE, MUTHOOR MURI,
KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK-689101
ADDL. R2 RETHNAMMA, D/O.PENNAMMA, AGED 70 YEARS,
NANGARAMALAYALIL HOUSE, MUTHOOR P.O., THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT,PIN-689 101
ADDL. R3 SOMAN, AGED 60 YEARS,
PRATHEESH BHAVAN, MUTHOOR P.O., KUTTIPUZHA,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,PIN-689101
ADDL. R4 SUJATHA, AGED 55 YEARS,
W/O.LATE THANKAPPAN, NANGARAMALAYALIL HOUSE, MUTHOOR
P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN-
689101
ADDL.R5 SUNANDA, AGED 25 YEARS,
D/O.LATE THANKAPPAN, NANGARAMALAYALIL HOUSE, MUTHOOR
P.O., THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT,PIN-689101
RSA.45/2014
2
ADDL. R6 SUNITHA, AGED 26 YEARS,
D/O.LATE THANKAPPAN,NANGARAMALAYALIL HOUSE, MUTHOOR P.O.,
THIRUVALLA TALUK,PATHANAMTHITTA DISTRICT, PIN-689101
ADDL. R7 SURIYA, AGED 23 YEARS,D/O.LATE THANKAPPAN,
NANGARAMALAYALIL HOUSE, MUTHOOR P.O., THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN-689101
ADDL. R8 SREEJITH
AGED 32 YEARS,S/O.LATE MANOHARAN,SREEJITH BHAVAN,MALAMEAL
P.O.,PERINGANADU VILLAGE, ADOOR TALUK,PATHANAMTHITTA
DISTRICT,PIN-691 523.
ADDL. R9 SUJITH, AGED 27 YEARS,S/O.LATE MANOHARAN,
SREEJITH BHAVAN, MALAMEAL P.O., PERINGANADU VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691 523.
(LEGAL HEIRS OF THE DECEASED SOLE RESPONDENT ARE
IMPLEADED AS ADDL.RESPONDENTS 2 TO 9 AS PER ORDER DATED
04.03.2022 IN IA.2/2022.)
BY ADV ABHILASH GOPAN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA.45/2014
3
JUDGMENT
Dated this the 24th day of March, 2022
This Second Appeal has been filed by the defendant in O.S.
No. 77 of 2010 on the file of the Sub Court, Thiruvalla.
Originally, the suit was dismissed by the learned Sub Judge by a
judgment and decree dated 6th December, 2012. The said
judgment and decree were challenged by the respondent herein
before the District Court, Pathanamthitta in A.S. No. 19 of 2013.
As per the judgment and decree in the appeal dated 10 th
October, 2013, the judgment and decree of the trial court were
reversed and the suit was decreed allowing the appellant therein
to recover a sum of Rs.1,24,000/- with interest at the rate of
12% from 09.04.2010 till 06.12.2012. Then, this appellant/the
defendant challenged the said judgment and decree and thus
this second appeal. While this appeal was pending, the original
plaintiff/respondent expired and her legal representatives are
RSA.45/2014
impleaded as respondents 2 to 8. Now the dispute between the
parties has been amicably settled out of court and a compromise
petition has been filed as I.A. No. 3 of 2022. As the matter has
been compromised between the parties, this appeal has to be
disposed of accepting the compromise petition.
2. Though this appellant had deposited an amount of
Rs.1,24,000/- to lift the attachment pertaining to his property,
the learned counsel appearing for the appellant submitted that
no order was passed in I.A. No. 536 of 2010 lifting the
attachment of the property on deposit of the amount before the
court below.
In the result, the appeal is disposed of accepting the
compromise petition. The compromise petition shall form part of
the decree. It is made clear that the appellant herein is
permitted to withdraw the amount of Rs.1,24,000/- deposited by
him before the Sub Court, Thiruvalla to lift the attachment
pertaining to the property scheduled. As the matter has been
RSA.45/2014
settled, and the appellant is permitted to withdraw the amount,
the attachment is lifted. The Registry shall communicate this
order to the SRO concerned.
Sd/-
SHIRCY V.
JUDGE
sb
3 C /a +'./4 ` 3. Qd2>r2>)
RETHEHONOURABLEHIGHCOURTOFKERALAATERNAKULAM
I.A. NO.i OF20ZZ>
R.S.A. NO. 45 0F 2014
G
Raghavan
Applicant/Appellant
Rethna-a Respondents / Respondents
n
FILED BY THE
APPEAL UNDER XXIII RULE 3 CPC-19
RPS ASSOCIATES
T. P PRADEEP
SATHEESH P. K
MINIKUMARI M. V
aor\ \fypr ATAI JOHN
o:07grdnal_dyTSELFORPE"TroNER
/jJ:,;.`:`.
BEFORETHEHONOURABLEHIGHCOURT0FKERALAATERNAKULAM
I.A.NO.L30F2022
In
R.S.A. NO. 45 0F 2014
Appellant
Raghavanaged59yearss/oMadhavan,ManusadanamChumathra,
PunnakkunnamMuri,KuttappuzhavillagefromMankaramalayilHouse
Muthoor Muri,Thiruvalla taluk,Pathanamthitta District.
RespondertyrAdditionalRespondents2to9
n 1. Rethnamma D/o, Pennamma aged 70 years,
Nangaramalayalil House, Muthoor P.O.
Thiruvalla taluk, Pathanamthitta District.PIN 689101.
2. Soman, aged 60 years,
PratheeshBhavan,MuthoorP.O.,Kuttipuzha,
Thiruvalla taluk Pathanamthitta District Pin 689101.
3. Sujatha , aged 55 w/o late Thankappan,
Nangaramalayalil House, Muthoor P.O.
Thiruvalla taluk, Pathanamthitta District. PIN 689101.
4. Sunanda, aged 25 years, D/o late Thankappan,
Nangaramalayalil House, Muthoor P.0.
Thiruvalla taluk, Pathanamthitta District.PIN 689101.
5. Sunitha, aged 26years, D/o late Thankappan,
Nangaramalayalil House, Muthoor P.O.
Thiruvalla taluk, Pathanamthitta District.PIN 689101.
6. Suriya,aged 23years, D/o late Thankappan,
Nangaramalayalil House, Muthoor P.O.
Thiruvalla taluk, Pathanamthitta District.PIN 689101.
i=
7. Sre¢ith,aged 32 years, S/o late Manoharan, ,
SreejithBhavan,MalamealP.O.PeringanaduVillage,
Adoor taluk, Pathanamthitta District, Pin.691523.
8. Sujith,aged 27 years, S/o late Manoharan,
SreejithBhavan,MalamealP.O.PeringanaduVillage,
Adoor taluk, PathanaLmthitfa District, Pin. 691523
FILED BY THE T0 THE ABOVE
APPEAL UNDER XXIII RULE 3 OF CPC
1. The above Second appeal is filed against the decree and judgment in A.S. No.
19/2013 which is on the files Of District court, Pathanamthitta, which is against
Judgement in O.S. No. 77/2010 on the ffles of Sub{ourt, Thruvalla.
2. The sole respondent in the above second appeal Smt. Pennamma died on
30.3.2014. The appellant and the Additional respondents 2 to 9 are the legal
representatives of the respondent .
1. Re,hnarrma. fu Raghavagiv
2. Soman -. Appellant
3. Sujatha ©
4. Sunanda &2±`
5. sunitha csgivgr
;.:r::I::h#2grg#
8. sujfth as
(Additional Respondents 2 to 9)
r-3,
3. All disputes pertaining to the above appeal are settled between the Appellant
andthelegalrepresentativesOftherespondent.
4. The additional respondents 2 to 9 and the appellant agreed to lift the
attachment passed by the Sub Court, Thiruvalla in IA 536/2010 in OS 77/2010 on
the files of the Sub Court, Thiruvalla .
5. The Appellant is allowed to withdraw R§.1,24,000/-(one lakh Twenty Four
Thousand)depositedbeforetheSubCourt,Thiruvalla.
What an stated above are true and correct.
Ra#
Appellant
Counsel for
1. Rethnamma.
2. Soman #Z±
:. :=th:aee
r\1 5. Sunithac5iefty
6. Suriya
7. Sreejith
8. Sujith
(Additional Respondents 2 to 9)
Counsel for the Additional Respondents 2
A
