M.Rajendran vs P.R.Chandrachoodan
2024 Latest Caselaw 16830 Ker

Kerala High Court

M.Rajendran vs P.R.Chandrachoodan on 12 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE C.S. SUDHA
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                       EX.SA NO. 13 OF 2020
AGAINST THE DECREE AND JUDGMENT DATED 31.10.2019 IN AS NO.154 OF
2014 OF THE DISTRICT COURT, PALAKKAD WHICH IS AGAINST THE DECREE
AND JUDGMENT IN EA NO.739/2011 IN EP NO.246/2009 IN OS NO.238 OF
2000 AND CONSEQUENTIAL ORDER IN EP NO.246/2009 DATED 30.06.2014 OF
THE SUBORDINATE JUDGE'S COURT, PALAKKAD.
APPELLANT/RESPONDENT/CLAIM PETITIONER:

          M.RAJENDRAN,
          AGED 59 YEARS,
          S/O MALLU, CHEMPADAM VEEDU,
          CHANDRANAGAR P.O.MARUTHA ROAD VILLAGE,
          PALAKKAD TALUK, PIN-678 571.
          BY ADVS.
          SMT.GIRIJA K GOPAL
          SHRI.ABDULLAH A.A


RESPONDENTS/APPELLANT/DECREE HOLDER/FIRST RESPONDENT:

    1     P.R.CHANDRACHOODAN
          AGED 66 YEARS,
          S/O RAMAN NAIR, RADHA MADHAVAM, 10/41,
          RAM NAGAR, KINASSERY,
          PALAKKAD DISTRICT, PIN-678 701.
    2     RADHAKRISHNAN,
          S/O MANIKKAN, ANIDHAR, OPPOSITE RAILWAY STATION
          OOTTARA, KOLLENGODE, CHITTOOR TALUK, PALAKKAD 678 504.
    *3    HARRY LAWRENCE,(DIED) (LEGAL REPRESENTATIVES IMPLEADED)
          S/O LAWRENCE, HARITHA, HEMAMBIKA NAGAR, RAILWAY COLONY,
          PALAKKAD-678 010.
    4     E. NARAYANANKUTTY,
          AGED 52 YEARS
          S/O RAMANKUTTY NAIR, VALSALA NIVAS,
          KODUMBU VILLAGE, KODUMBU POST, PALAKKAD-678 551.
    5     A MANOHARAN,
          S/O KAMESWARA RAO, FIELD VIEW,
          KOPPAM AMSOM, PALAKKAD-678 001.
    6     M/S YEMMARKAY AND CO,
          10/184, DIARA STREET, KOPPAM AMSOM,
          PALAKKAD TOWN, PALAKKAD-678 014.
                                        2
EXE.S.A.No.13 of 2020

      7      SUDHA,
             AGED 71 YEARS
             W/O LATE GOPALAKRISHNAN,
             10/183, DIARA STREET, KOPPAM AMSOM,
             PALAKKAD TOWN, PALAKKAD-678 014.
      8      ANITHA,
             AGED 44 YEARS
             D/O LATE GOPALAKRISHNAN, 10/183, DIARA STREET,
             KOPPAM AMSOM, PALAKKAD TOWN, PALAKKAD-678 014.
      9      BINITHA,
             AGED 40 YEARS
             D/O LATE GOPALAKRISHNAN, 10/183, DIARA STREET,
             KOPPAM AMSOM, PALAKKAD TOWN, PALAKKAD-678 014.
     *10     RIJOLD HARRY LAWERENCE,
             S/O. LATE HARRY LAWERENCE,AGED 33 YEARS,HARITHA,
             ANAND NAGAR,KALLEKULANGARA,PALAKKAD-678 009.
     *11     JERINA HARRY LAWRENCE
             D/O. LATE HARRY LAWERENCE,AGED 27 YEARS,HARITHA,
             ANAND NAGAR,KALLEKULANGARA,PALAKKAD-678 009.
     *12     FEBIN HARRY LAWRENCE
             S/O.LATE HARRY LAWERENCE,AGED 18 YEARS,HARITHA,
             ANAND NAGAR,KALLEKULANGARA,PALAKKAD-678 009.
             *(ADDITIONAL RESPONDENTS 10 TO 12 ARE IMPLEADED AS
             THE LEGAL REPRESENTATIVES OF DECEASED R3 AS PER
             ORDER DATED 20.06.2022 IN IA.2/2021 IN
             EX.SA.13/2020.)
             BY ADV SRI.RAJESH SIVARAMANKUTTY -R1



       THIS EXECUTION SECOND APPEAL HAVING COME UP FOR ORDERS
ON   12.06.2024,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                        3
EXE.S.A.No.13 of 2020

                               C.S.SUDHA, J.
                        ----------------------------------
                          EXE.S.A.No.13 of 2020
                  ---------------------------------------------
                  Dated this the 12th day of June 2024

                             JUDGMENT

It is submitted by the learned counsel for the appellant

that the parties have already settled the matter and hence the

present second appeal can be disposed of. It is also submitted that

the attachment that had been ordered relating to the property of the

appellant has already been raised. In such circumstances, no further

relief is required. Hence the second appeal is disposed of as stated

above.

Interlocutory applications, if any pending, shall stand

closed.

Sd/-

C.S.SUDHA JUDGE

Jms