Pavithran vs Phalgunan

Type Court Judgment Court Kerala Orders Decided Mar 18, 2024

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Citation: sooperkanoon.com/1294727
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Mar 18, 2024
Case Number: RSA/18/2015

Parties & Advocates

Appellant / Petitioner

Pavithran

Respondent

Phalgunan

Excerpt

.....of the decree and judgment dated 28.02.2009 in os no.145 of 2006 of principal munsiff court, cherthala appellant/appellant/plaintiff:1 pavithran s/o.govindan, syamalalayam, from kannamkerry padinjare nikarthil, eramalloor muri, ezhupunna village, pin - 688 537. 2 addl.sam pavithran, s/o.v.g.pavithran,aged 38 years,driver,snehaveedu,eramalloor p.o., ezhupunna village, cherthala taluk,pin - 688 537. (addl.appellant 2 is impleaded as per order dated 24.11.2022 in ia.3/2019.) sri.m.p.ramnath sri.bepin paul sri.p.rajesh kottakkal sri.shalu varghese smt.s.sandhya smt.uma r.kamath sei.m.varghese vargheserespondents/respondents/defendants: 1 phalgunan s/o.thankappan, suryavandanam veedu, eramalloor muri, 2 sudhakaran s/o.thankappan, puluthottu veettil, eramalloor muri, sri.v.l.shenoy sri.a.k.alex this regular second appeal having come up for admission on 18.03.2024, the court on the same day delivered the following: - 2 -j u d g m e n tin this case, both sides submitted that the matter is settled. it is submitted by the learned counsel for the appellant that the appellant has filed ia 1 of 2024 seeking permission to withdraw the suit and the appeal, in view of the settlement. the learned counsel for respondent also did not oppose the said prayer, in view of the settlement. therefore, in view of the settlement, the suit and this appeal stands withdrawn, without liberty to file fresh suit. sd/- a. badharudeen judge sm - 3 - appendix of rsa 18/2015 petitioner annexures annexure a1 certified copy from registrar's office of sale deed no.660/1980 sro kuthiyathode dt 22.02.1980 executed to kochukunji to pavithran annexure a2 certified copy from registrar's office ofsale deed no.954/1983 sro kuthiyathode dt 14.04.1983 executed by sankaran s/o kocherukkan, in favour of pavithran

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 RSA NO. 18 OF 2015 AGAINST THE DECREE AND JUDGMENT DATED 03.09.2014 IN AS NO.46 OF 2009 OF SUB COURT, CHERTHALA ARISING OUT OF THE DECREE AND JUDGMENT DATED 28.02.2009 IN OS NO.145 OF 2006 OF PRINCIPAL MUNSIFF COURT, CHERTHALA APPELLANT/APPELLANT/PLAINTIFF:
1 PAVITHRAN S/O.GOVINDAN, SYAMALALAYAM, FROM KANNAMKERRY PADINJARE NIKARTHIL, ERAMALLOOR MURI, EZHUPUNNA VILLAGE, PIN - 688 537. 2 ADDL.SAM PAVITHRAN, S/O.V.G.PAVITHRAN,AGED 38 YEARS,DRIVER,SNEHAVEEDU,ERAMALLOOR P.O., EZHUPUNNA VILLAGE, CHERTHALA TALUK,PIN - 688 537. (ADDL.APPELLANT 2 IS IMPLEADED AS PER ORDER DATED 24.11.2022 IN IA.3/2019.) SRI.M.P.RAMNATH SRI.BEPIN PAUL SRI.P.RAJESH KOTTAKKAL SRI.SHALU VARGHESE SMT.S.SANDHYA SMT.UMA R.KAMATH SEI.M.VARGHESE VARGHESE
RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 PHALGUNAN S/O.THANKAPPAN, SURYAVANDANAM VEEDU, ERAMALLOOR MURI, 2 SUDHAKARAN S/O.THANKAPPAN, PULUTHOTTU VEETTIL, ERAMALLOOR MURI, SRI.V.L.SHENOY SRI.A.K.ALEX THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 2 -

J U D G M E N T

In this case, both sides submitted that the matter is settled. It is submitted by the learned counsel for the appellant that the appellant has filed IA 1 of 2024 seeking permission to withdraw the suit and the appeal, in view of the settlement. The learned counsel for respondent also did not oppose the said prayer, in view of the settlement. Therefore, in view of the settlement, the suit and this appeal stands withdrawn, without liberty to file fresh suit. Sd/- A. BADHARUDEEN JUDGE SM - 3 - APPENDIX OF RSA 18/2015 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY FROM REGISTRAR'S OFFICE OF SALE DEED NO.660/1980 SRO KUTHIYATHODE DT 22.02.1980 EXECUTED TO KOCHUKUNJI TO PAVITHRAN Annexure A2 CERTIFIED COPY FROM REGISTRAR'S OFFICE OF

SALE DEED NO.954/1983 SRO KUTHIYATHODE DT 14.04.1983 EXECUTED BY SANKARAN S/O KOCHERUKKAN, IN FAVOUR OF PAVITHRAN

Same Court & Year Kerala Orders · 2024 Same Parties Pavithran vs Phalgunan Same Judge Honourable Mr. Justice a. Badharudeen