Kerala High Court
Usha S.P vs Abdul Samad on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 334 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014 OF
SUBORDINATE JUDGE'S COURT VATAKARA ARISING OUT OF THE
JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF
COURT, VATAKARA
APPELLANT/APPELLANT IN AS & RESPONDENT IN CO/PLAINTIFF IN OS:
USHA S.P.
AGED 46 YEARS, W/O. MAHESH M.G,
KUNNUMMAL HOUSE, PUTHUPPANAM AMSOM DESOM
VATAKARA TALUK,KOZHIKODE DISTRICT,KERALA.
BY ADVS.
SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
SMT.SEEMA
RESPONDENT/RESPONDENT IN AS & CROSS OBJECTORS IN
CO/DEFENDANTS IN OS:
1 ABDUL SAMAD
S/O.MAMMU, AROTH OUTHUPPANAM AMSOM DESOM
VATAKARA TALUK KOZHIKODE DISTRICT, KERALA-673 101
2 MURIKKOLI FAROOQ S/O UMMER
AGED 52 YEARS
REP. BY PA HOLDER SHAFEENA W/O. FAROOQ,
"ISHATH" PUTHUPPANAM AMSOM DESOM
VATAKARA TALUK KOZHIKODE DISTRICT
KERALA STATE 673101
BY ADVS.
SRI.BIJU ABRAHAM (CAVEATOR)
SRI.B.G.BHASKAR
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH RSA.489/2015, 496/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.334/2015, 489/2015, 496/2015
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 489 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014
OF SUBORDINATE JUDGE'S COURT, VATAKARA ARISING OUT OF THE
JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF
COURT, VATAKARA
APPELLANT/RESPONDENT/2ND DEFENDANT:
MURIKKOLI FAROOQ
AGED 51 YEARS, S/O.UMMER,ISHATH,
PUTHUPPANAM AMSOM DESOM,VADAKARA TALUK 673 101
BY ADVS.
SRI.BIJU ABRAHAM (CAVEATOR)
SRI.B.G.BHASKAR
RESPONDENTS/APPELLANT & 1ST RESPONDENT/PLAINTIFF & 1ST
DEFENDANT:
1 USHA S.P, AGED 46 YEARS,
W/O. MAHESH M.G, KUNNUMMAL HOUSE,
PUTHUPPANAM AMSOM DESOM VADAKARA TALUK 673 101
2 ABDUL SAMAD
AGED 47 YEARS, S/O.MAMMU, AROTH HOUSE,
PUDUPPANAM AMSOM AND DESAM,VATAKARA TALUK,
KOZHIKODE DISTRICT 673 101
BY ADVS.
SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 04.04.2024, ALONG WITH RSA.334/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.334/2015, 489/2015, 496/2015
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
RSA NO. 496 OF 2015
AGAINST THE JUDGMENT DATED 11.02.2015 IN AS NO.10 OF 2014
OF SUBORDINATE JUDGE'S COURT, VADAKARA ARISING OUT OF THE
JUDGMENT DATED 31.01.2014 IN OS NO.135 OF 2008 OF MUNSIFF
COURT, VATAKARA
APPELLANT/APPELLANT IN CROSS OBJECTION/2ND DEFENDANT:
MURIKKOLI FAROOQ
AGED 46 YEARS, S/O.UMMER, ISHATH,
PUTHUPPANAM AMSOM DESOM,
VADAKARA TALUK-673101, KOZHIKODE DISTRICT.
BY ADVS.
SRI.BIJU ABRAHAM
SRI.B.G.BHASKAR
RESPONDENTS/RESPONDENTS IN CO/PLAINTIFF & 1ST DEFENDANT:
1 USHA SP, W/O.MAHESH M.G.,
KUNNUMMAL HOUSE, PUTHUPPANAM AMSOM DESOM,
VADAKARA TALUK-673101.
2 ABDUL SAMAD
AGED 47 YEARS, S/O.MAMMU, AROTH HOUSE,
PUDUPPANAM AMSOM AND DESOM OF
VATAKARA TALUK-673101.
BY ADVS.
SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD
ON 04.04.2024, ALONG WITH RSA.334/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.334/2015, 489/2015, 496/2015
4
JUDGMENT
Dated this the 4th day of April, 2024
The matter is settled. On behalf of the 1st respondent, 2nd
respondent signed in the compromise, on the basis of the Power of
Attorney dated 13.4.2015. The compromise is recorded. The appeal
is disposed of as per the terms of the compromise. The compromise
forms part of the judgment.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
sou.
RSA Nos.334/2015, 489/2015, 496/2015
RESPONDENT ANNEXURES
ANNEXURE R2(A) THE ORIGINAL OF THE COMPROMISE DATED
19-10-2023 EXECUTED BETWEEN APPELLANT
AND 2ND RESPONDENT
ANNEXURE R2(B) THE ORIGINAL OF THE POWER OF ATTORNEY
DATED 13-04-2015 EXECUTED BY THE 2ND
RESPONDENT (MURIKKOLI FAROOQ) IN
FAVOUR OF HIS WIFE (SHAFEENA)
