Citation : 2023 Latest Caselaw 2069 Ker
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
RSA NO. 193 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 10.09.2013 IN A.S.
NO.20/2012 OF SUB COURT, PALA
AGAINST THE JUDGMENT AND DECREE DATED 23.12.2011 IN O.S.
NO.169/2010 OF MUNSIFF'S MAGISTRATE, ERATTUPETTA
APPELLANTS/APPELLANTS/PLAINTIFFS IN O.S.:
1 S.M.MUHAMMED KABEER
S/O.MOOSA, AGED 49 YEARS
SAIDUPARAMBIL HOUSE, ERATTUPETTA P.O.,
THALAPPALAM KARA, ERATTUPETTA VILLAGE,
MEENACHIL TALUK.
2 P.S.SUBAIDA,
W/O.S.M.MUHAMMED KABEER,
AGED 47 YEARS, SAIDUPARAMBIL HOUSE,
ERATTUPETTA P.O., THALAPPALAM KARA,
ERATTUPETTA VILLAGE, MEENACHIL TALUK.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS/RESPONDENTS/DEFENDANTS IN O.S.:
1 SONA, W/O.BIJILI,
AGED 29 YEARS
THENAMMACKEL HOUSE, KANJIRAPPALLY P.O.,
KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE,
KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT
PIN-686 567
2 JAMEELA
AGED 66 YEARS
KAITHAKATTIL FROM CHERIKURUMULLAMTHADATHIL
THALAPPALAM KARA, ERATTUPETTA VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT
PIN-686 121.
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.193 of 2014
2
JUDGMENT
Dated this the 03rd day of February, 2023
This appeal has been filed against the judgment and
decree in A.S. No.20/2012 on the file of Sub Court, Pala, which
in turn arise out of judgment and decree in O.S. No.169/2010
on the file of Munsiff's Court, Erattupetta.
2. When the case was taken up, the learned counsel
for the appellants submitted that a memo has been filed to the
effect that the matter has been settled between the parties as
per the written agreement executed between the parties and a
copy of the agreement is attached with the memo. The learned
counsel for the appellants submitted that, the agreement need
not be recorded and appeal is not pressed. Memo recorded,
excluding the statement with respect to attached agreement
copy.
Accordingly, appeal is dismissed as not pressed.
All pending I.As are closed.
Sd/-
M.R.ANITHA JUDGE
SMF
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