Charley vs Alexander
2025 Latest Caselaw 5320 Ker

Kerala High Court

Charley vs Alexander on 20 March, 2025

                                              2025:KER:24299
CO NO.26/16 IN RSA NO.1023/15 &
CO NO.27/16 IN RSA NO.1022/15       1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946

           CO NO. 26 OF 2016 IN RSA NO.1023 OF 2015

         AGAINST THE JUDGMENT AND DECREE DATED 29.05.2013

            IN A.S.NO.22/2012 OF SUB COURT, KOCHI

             JUDGMENT AND DECREE DATED 31.03.2012 IN OS

       NO.180/2009 OF PRINCIPAL MUNSIFF COURT, KOCHI

CROSS OBJECTOR/RESPONDENT:

            CHARLEY
            S/O.LATE MANUEL
            PANACHIKKAL HOUSE, 21/1113
            PARK ROAD, PERUMBADAPPU,
            PALLURUTHY, PIN - 682 006


            BY ADVS.
            SRI.DINESH R.SHENOY
            SRI.EBIN MATHEW
            SMT.K.K.JYOTHILAKSHMY
            SRI.SANIL JOSE

RESPONDENT/APPELLANT:

            ALEXANDER
            S/O.LATE MANUEL,
            PANACHIKKAL HOUSE, CC NO.21/627
            PARK ROAD, PERUMBADAPPU
            PALLURUTHY, PIN - 682 006

            BY ADV SRI.M.S.UNNIKRISHNAN

     THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION
ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                               2025:KER:24299
CO NO.26/16 IN RSA NO.1023/15 &
CO NO.27/16 IN RSA NO.1022/15       2

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946

           CO NO. 27 OF 2016 IN RSA NO.1022 OF 2015

     AGAINST THE JUDGMENT AND DECREE DATED 29.05.2013

            IN A.S.NO.37/2012 OF SUB COURT, KOCHI

 JUDGMENT AND DECREE DATED 31.03.2012 IN OS NO.184/2009

               OF PRINCIPAL MUNSIFF COURT, KOCHI

CROSS OBJECTOR/RESPONDENT:
         CHARLEY
         S/O.LATE MANUEL
         PANACHIKKAL HOUSE, 21/1113
         PARK ROAD, PERUMBADAPPU,
         PALLURUTHY, PIN - 682 006


            BY ADVS.
            SRI.DINESH R.SHENOY
            SRI.EBIN MATHEW
            SMT.K.K.JYOTHILAKSHMY
            SRI.SANIL JOSE

RESPONDENT/APPELLANT:

            ALEXANDER
            S/O.LATE MANUEL,
            PANACHIKKAL HOUSE, CC NO.21/627
            PARK ROAD, PERUMBADAPPU
            PALLURUTHY, PIN - 682 006

            BY ADV SRI.M.S.UNNIKRISHNAN

     THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION
ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                    2025:KER:24299
CO NO.26/16 IN RSA NO.1023/15 &
CO NO.27/16 IN RSA NO.1022/15       3

                            JUDGMENT

Dated this the 20th day of March, 2025

Cross objection No.26/2016 in RSA 1023/2015 and

cross objection No.27/2016 in RSA No.1022/2015 have been

filed under Order XLI Rule 22(2) of the Code of Civil

Procedure, 1908.

2. RSA Nos.1022 and 1023/2015 have been

disposed of, in terms of the modified mediation agreement

dated 25.08.2023, as per common judgment dated

07.12.2023. In the judgment, nothing mentioned regarding

the cross objections. The said omission is brought to the

notice of this Court by filing a memo.

3. In view of the above, it is ordered that RSA

Nos.1022 and 1023 of 2015 and CO 27 and 26 of 2016 are

disposed of by a decree and judgment dated 07.12.2023, as

settled in terms of the modified mediation agreement dated

25.08.2023.

2025:KER:24299 CO NO.26/16 IN RSA NO.1023/15 &

Append this judgment along with the common

judgment in RSA Nos.1022 and 1023 of 2015.

Sd/-

A. BADHARUDEEN JUDGE nkr