Kerala High Court
Lissy vs Baby Thomas on 11 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
RSA NO. 330 OF 2019
AGAINST THE JUDGMENT & DECREE DATED 31.10.2018 IN AS NO.30 OF 2016
OF SUB COURT, PALA ARISING OUT OF THE JUDGMENT & DECREE DATED
12.04.2016 IN OS NO.17 OF 2011 OF MUNSIFF COURT, PALA
APPELLANTS/RESPONDENTS 2,4,5 & 7 TO 9/DEFENDANTS 2,4,5 & 7 TO 9:
1 P.K.JOY
AGED 65 YEARS
S/O. KORAH, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT
2 P.K. BABU,
AGED 52 YEARS
S/O.KORAH, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT
3 JAYA JOHN,
AGED 55 YEARS
W/O. LATE JOSEPH, QUARTERS NO.A 59/235,
NEWSPRINT NAGAR P.O., VELLOOR VILLAGE, NOW RESIDING AT
PERUNILATHIL HOUSE, PUTHUVELI KARA, VELIYANNOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT.
4 JINSHA JOSE,
AGED 29 YEARS
D/O. LATE JOSEPH, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
5 JINESH JOSE,
AGED 26 YEARS
S/O. LATE JOSEPH, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
6 JIBIN JOSE,
AGED 19 YEARS
S/O. LATE JOSEPH, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADVS.
C.R.SYAMKUMAR
S.PRASANTH
SOORAJ T.ELENJICKAL
RAJESH PALATT
K.ARJUN VENUGOPAL
V.A.HARITHA
SIDHARTH B PRASAD
R.NANDAGOPAL
ASWIN KUMAR M J
RSA NO.330/2019 and con. cases
2
RESPONDENTS/APPELLANTS & RESPONDENTS 1 & 6/PLAINTIFFS & DEFENDANTS
1 & 6:
1 BABY THOMAS
S/O. THOMAS, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN- 686 589.
2 P.T. JACOB,
AGED 72 YEARS
S/O. THOMAS, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN- 686 589.
3 P.T. KORAH,
AGED 97 YEARS
S/O. THOMAS, PERUNILATHIL HOUSE, PUTHUVELI KARA,
VELIYANNOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN- 686 589.
4 LISSY,
AGED 57 YEARS
W/O. JOSEPH THOMAS, PERUNILATHIL HOUSE,
PUTHUVELI KARA, VELIYANNOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN- 686 589.
BY ADVS.
SRI.T.B.THANKAPPAN, R1 & R2
SRI.T.T.HARIKUMAR, R1 & R2
SRI.ASHISH VIDYADHARAN, R1 & R2
SMT.K.S.SREEJA, R1 & R2
SHRI.DIPIN DILEEP, R1 & R2
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
11.06.2024, ALONG WITH RSA.909/2019, 907/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
RSA NO.330/2019 and con. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
RSA NO. 909 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 31.10.2018 IN AS NO.31 OF 2016 OF
SUB COURT, PALA ARISING OUT OF THE ORDER/JUDGMENT DATED 12.04.2016
IN OS NO.32 OF 2011 OF MUNSIFF COURT, PALA
APPELLANTS/APPELLANTS/PLAINTIFFS:
1 BABY THOMAS
AGED 59 YEARS
S/O. THOMAS, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
2 P.T. JACOB,
AGED 68 YEARS
S/O. THOMAS, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
BY ADVS.
T.B.THANKAPPAN
SRI.T.T.HARIKUMAR
SRI.ASHISH VIDYADHARAN
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 P.T.KORAH (DIED)
2 P.K. JOY,
AGED 61 YEARS
S/O. KORAH, PERUNILATHIL, PUTHUVELIKARA , VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
3 P.K. JOSEPH,
AGED 55 YEARS
S/O. KORAH, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
4 P.K. BABU,
AGED 55 YEARS
S/O. KORAH, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
RSA NO.330/2019 and con. cases
4
5 JAYA JOHN,
AGED 51 YEARS
W/O. JOSEPH, QUARTERS NO. A-59/235,
PRINT NAGAR P.O, NOW RRESIDING AT PERUNILATHIL,
PUTHUVELIKARA, VELIYANOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN-686 634
6 LISSY,
AGED 56 YEARS
W/O. JOSEPH THOMAS PERUNILATHIL, PUTHUVELIKARA,
VELIYANOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN-686 634
7 JINSHA JOSE,
AGED 31 YEARS, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686634
8 JINESH JOSE,
AGED 28 YEARS
PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686 634
9 JIBIN JOSE,
AGED 19 YEARS
PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686 634
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
11.06.2024, ALONG WITH RSA.330/2019 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO.330/2019 and con. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
RSA NO. 907 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 31.10.2018 IN AS NO.24 OF 2016 OF
SUB COURT, PALA ARISING OUT OF THE ORDER/JUDGMENT DATED 12.04.2016
IN COUNTER CLAIM IN OS NO.32 OF 2011 OF MUNSIFF COURT, PALA
APPELLANT/APPELLANT/ADDITIONAL 6TH DEFENDANT (COUNTER CLAIM
PLAINTIFF:
LISSY
AGED 56 YEARS
W/O. JOSEPH THOMAS, PERUNILATHIL (H),
PUTHUVELIKARA, VELIYANNOOR VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN-686 636
BY ADVS.
BINOI GEORGE (CHERUKARA)
SRI.R.DIVAKARAN
RESPONDENTS/RESPONDENTS/PLAINTIFFS & DEFENDANTS NO.1 TO 5 &
ADDITIONAL DEFENDANTS 7 TO 9:
1 BABY THOMAS,
AGED 59 YEARS
S/O. THOMAS, PERUNILATHIL, PUTHUVELLIKARA, VELIYANNOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686636
2 P.T. JACOB,
AGED 68 YEARS
S/O. THOMAS, PERUNILATHIL, PUTHUVELIKARA, VELIYANNOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686636
3 P.T. KORAH, (DIED)
4 P.K. JOY,
AGED 61 YEARS
S/O. KORAH, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686636
5 P.K. JOSEPH,
AGED 55 YEARS
S/O. KORAH, PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686636
RSA NO.330/2019 and con. cases
6
6 P.K. BABU,
AGED 55 YEARS
S/O. KORAH, PERUNILATHIL , PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK KOTTAYAM DISTRICT, PIN-686 636
7 JAYA JOHN,
AGED 51 YEARS
W/O. JOSEPH, QUARTERS NO. A-59/235, PRINT NAGAR P.O,
NOW RESIDING AT PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686636
8 JINSHA JOSE,
AGED 31 YEARS
PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686 636
9 JINEESH JOSE,
AGED 28 YEARS
PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM RESPONDENTS/RESPONDENTS/
DISTRICT, PIN-686 636
10 JIBIN JOSE,
AGED 25 YEARS
PERUNILATHIL, PUTHUVELIKARA, VELIYANOOR VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686 636
BY ADVS.
SRI.T.B.THANKAPPAN, R1 & R2
SRI.T.T.HARIKUMAR, R1 & R2
SRI.ASHISH VIDYADHARAN, R1 & R2
SRI.DIPIN DILEEP, R1 & R2
SMT.AMBIKA C., R1 & R2
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
11.06.2024, ALONG WITH RSA.330/2019 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO.330/2019 and con. cases
7
C.S.SUDHA, J.
--------------------------------------------------------------
RSA Nos.330, 909 & 907 of 2019
---------------------------------------------------------------
Dated this the 11th day of June, 2024
JUDGMENT
It is submitted that the matter has been settled between the
parties. A memorandum of agreement has also been filed. Therefore,
these appeals are disposed of in terms of the compromise. The
compromise and plan shall form part of the judgment and decree.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
