Kerala High Court
Sreekumar vs Velayudhan Pillai Bhaskaran Pillai ... on 16 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
RSA NO. 832 OF 2005
AGAINST THE JUDGMENT & DECREE DATED 02.04.1993 IN OS 427/1989 OF
MUNSIFF COURT,KAYAMKULAM
AGAISNT THE JUDGMENT & DECREE DATED 17.11.2004 IN AS 85/1993 OF
ADDITIONAL DISTRICT COURT-II, MAVELIKKARA
APPELLANTS/APPELLANTS/SUPPL.PLAINTIFF:
[ KARTHIYAYANI PILLAI AMBUJAKSHI PILLAI (DIED)
1 SREEKUMAR
ASSISTANT GENERAL MANAGER,
I.D.S. OF INDIA, IDB TOWER, MUMBAI.
2 C.PRASANNAKUMAR
PENNUKKARA NORTH, ALA VILLAGE.
3 KRISHNAKUMAR
114/3291, KANNAMWAR NAJAS,
VIKKROLI EAST, MUMBAI.
4 ISHA RAJAN
KAILAS, PADINJATTUKKARA, KUTTOOR VILLAGE.
5 N.C.SULEKHA,(DIED)
CHURAKKATTU KIZHAKKETHIL,
KANJOOR KOTTTAKKAKAM, CHEPPAD.
6 N.A.VEENA
PATTUPRATHU HOUSE, VEETTIPPURAM MURI,
PATHANAMTHITTA.
ADDL.7 MOHANAN NAIR S.,
HUSBAND OF SULEKHA AND S/O.SUKUMARAN NAIR,
AGED 67 YEARS, RESIDING AT CHOORAKKATTU
KIZHAKETHIL, MUTTOM P.O., HARIPAD, ALAPUZHA
DISTRICT-690 511.
ADDL.8 SUMESH MOHAN,
S/O.MOHAN NAIR S. AND LATE SULEKHA, AGED 33 YEARS,
RESIDING AT CHOORAKKATTU KIZHAKETHIL, MUTTOM P.O.,
HARIPAD, ALAPUZHA DISTRICT-690 511
RSA NO. 832/2005 & IA.No.1 of 2024,
IA.No.4 of 2024 &I.A.No. 5 of 2024,
2
AND NOW RESIDING AT SEATTLE, U.S.A.
ADDL.9 SUMITHA MOHAN,
S/O.MOHAN NAIR S. AND D/O. LATE SULEKHA,
AGED 31 YEARS, RESIDING AT CHOORAKKATTU KIZHAKETHIL,
MUTTOM P.O., HARIPAD, ALAPUZHA DISTRICT-690 511
AND NOW RESIDING AT SEATTLE, U.S.A.
(LEGAL REPRESENTATIVES OF DECEASED 5TH APPELLANT
ARE IMPLEADED AS SUPPLEMENTAL APPELLANTS 7 TO 9 AS
PER THE ORDER DATED 18.06.2019 IN IA.NO.1/2019 IN
RSA.832/2005)
BY ADVS.
MILLU DANDAPANI
RAZA M FAZAL(K/286/2013)
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 VELAYUDHAN PILLAI BHASKARAN PILLAI (DIED)
KOCHAYYATHU VEEDU, PERINGALA MURI, KAYAMKULAM.
(LRS IMPLEADED AS ADDITIONAL RESPONDENTS 3 TO
10)
2 RAJAN (DELETED)
VAYALIL VEEDU,
PERINGALA MURI, KAYAMKULAM.
ADDL. R3 K.P.JAGADHAMMA PILLAI(DIED)( LRS RECORDED)
W/O. LATE VELAYUDHAN PILLAI BHASKARAN PILLAI,
KOCHAYATHU VEEDU, PERINGALA MURI, KAYAMKULAM.
(IT IS RECORDED THAT R4 TO R10 ARE THE LEGAL
REPRESENTATIVES OF THE DECEASED 3RD RESPONDENT
AND SHE HAS NO OTHER LEGAL HEIRS AS PER ORDER
DATED 9/11/2022 IN MEMO DATED 21/1/2020 IN RSA
832/05)
ADDL. R4 J. SASIDHARAN PILLAI (DELETED)
S/O. LATE VELAYUDHAN PILLAI BHASKARAN PILLAI,
RSA NO. 832/2005 & IA.No.1 of 2024,
IA.No.4 of 2024 &I.A.No. 5 of 2024,
3
RESIDING AT DO. DO.
(THE NAMES OF RESPONDENTS 2 AND 4 ARE DELETED
FROM THE PARTY ARRAY AS PER ORDER DATED
16/2/2024 IN IA 2/2024 AND IA 3/2024
RESPECTIVELY)
ADDL. R5 K.J. SREEDEVI
W/O. K. SADHASIVAN PILLAI, RESIDING AT DO. DO.
ADDL. R6 K.J. PRABHAVATHI DEVI
W/O. MURALEEDHARAN PILLAI, RESIDING AT DO. DO.
ADDL. R7 K.J. MURALEEDHARAN PILLAI
S/O. LATE VELAYUDHAN PILLAI BHASKARAN PILLAI,
RESIDING AT DO. DO.
ADDL. R8 K.J. VIJAYALAKSHMI
W/O. P. KUTTAPPAKURUP, RESIDING AT DO. DO.
ADDL. R9 K.J. GIRIJA
W/O. R. RAVINDRAN NAIR, RESIDING AT DO. DO.
ADDL. R10 K.J. GEETHA
W/O. S. MOHAN KUMAR, RESIDING AT DO. DO.
(LEGAL REPRESENTATIVES OF DECEASED 1ST
RESPONDENT ARE IMPLEADED AS ADDL. RESPONDENTS 3
TO 10 AS PER THE ORDER DTD. 25/11/2016 IN I.A.
665/2007)
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
B.ANUSREE
MANU VYASAN PETER
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RSA NO. 832/2005 & IA.No.1 of 2024,
IA.No.4 of 2024 &I.A.No. 5 of 2024,
4
JUDGMENT
IA.Nos.1 of 2024, 4 of 2024 & 5 of 2024,
are the three applications submitted by the
appellants and the remaining respondents.
I.A.No.1 is for accepting the compromise entered
into by the parties. After preparation of the
compromise, the copy of the original was
submitted online, and a physical copy was
submitted before the Registry by the counsel of
the appellants. But, it was misplaced somewhere
else, either from the Advocate's clerk or from
the Registry. It is also submitted that some of
the parties are now employed abroad and they
left the place after signing the compromise.
Appellant No.1 is now undergoing treatment and
is in a critical stage and there may not be any
scope for getting a fresh compromise since they
have already entered into a compromise and
RSA NO. 832/2005 & IA.No.1 of 2024,
IA.No.4 of 2024 &I.A.No. 5 of 2024,
signed the terms and conditions of the
compromise and entrusted with the concerned
counsel for the purpose of filing the same before
this Court. In turn, the counsel submitted the
compromise through online, and a physical copy
was produced. But, the physical copy was
misplaced somewhere else. The counsel for the
appellants and the counsel for the remaining
respondents filed an affidavit in that behalf along
with IA.Nos. 4 and 5 of 2024 to accept the
online copy in the place of the physical copy as
it was misplaced somewhere. Since the matter is
amicably settled between the parties and
endorsed by both the counsel by way of affidavit,
there is no embargo or legal objection in
accepting the copy of the compromise which was
filed online instead of the original. A photocopy
was also produced. Hence, the same will stand
accepted and substituted in place of the
RSA NO. 832/2005 & IA.No.1 of 2024,
IA.No.4 of 2024 &I.A.No. 5 of 2024,
original. The appeal will stand disposed of in
accordance with the compromise arrived at by the
parties and the online copy of the compromise
filed will form part of the decree and judgment
of this Court.
The Regular Second Appeal is disposed of
accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
