Jose and Another vs Devasia and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1363412
CourtKerala Orders High Court
Decided OnFeb-01-2023
Case NumberRSA/342/2008
JudgeHonourable Mrs. Justice M.R.Anitha
AppellantJose and Another
RespondentDevasia and Others
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice m.r.anitha wednesday, the 1st day of february 2023 / 12th magha, 1944 rsa no. 342 of 2008 against the judgment and decree dated 19.07.2007 in a.s. no.54/2001 of sub court, pala against the judgment and decree dated 15.06.2001 in o.s. no.442/1995 of munsiff's court, pala appellants/respondents 1 and 5/plaintiffs 1 and 5: 1 jose , s/o thomas, mangalasseril house kezhuvmkulam kara, puliyannoor village. 2 narayanan nair, neelakantan nair pullattu house, mevada kara, by adv sri.p.c.haridas respondents/appellants-respondents 2 to 4/defendants 1 to 3 plaintiffs 2 to 4: 1 devasia ouseph, s/o ouseph 2 devasia savio, s/o.devasia 3 devasia sanal, s/o.devasia 4 padmanabha pillai, s/o.balakrishnan nair kizhakkattu mevada (died). 5 thomman mani thottuvayil mevada kara 6 thomman dominic, thottuvayil mevada kara, this regular second appeal having come up for admission on 01.02.2023, the court on the same day delivered the following: rsa no.342 of 2008judgmentdated this the 01st day of february, 2023 this appeal has been filed against the judgment and decree in a.s. no.54/2001 on the file of sub court, pala, which in turn arise out of judgment and decree in o.s. no.442/1995 on the file of munsiff's court, pala.2. when the case was taken up, the learned counselfor the appellants submitted that a memo has been filed to the effect that the matter has been settled between the parties and appellants are not intending to proceed with the rsa and hence the appeal is not pressed. memo recorded. accordingly, appeal is dismissed as not pressed. all pending i.as are closed. sd/- m.r.anitha judge smf //true copy// pa to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 RSA NO. 342 OF 2008 AGAINST THE JUDGMENT AND DECREE DATED 19.07.2007 IN A.S. NO.54/2001 OF SUB COURT, PALA AGAINST THE JUDGMENT AND DECREE DATED 15.06.2001 IN O.S. NO.442/1995 OF MUNSIFF'S COURT, PALA APPELLANTS/RESPONDENTS 1 AND 5/PLAINTIFFS 1 AND 5: 1 JOSE , S/O THOMAS, MANGALASSERIL HOUSE KEZHUVMKULAM KARA, PULIYANNOOR VILLAGE. 2 NARAYANAN NAIR, NEELAKANTAN NAIR PULLATTU HOUSE, MEVADA KARA, BY ADV SRI.P.C.HARIDAS RESPONDENTS/APPELLANTS-RESPONDENTS 2 TO 4/DEFENDANTS 1 TO 3 PLAINTIFFS 2 TO 4: 1 DEVASIA OUSEPH, S/O OUSEPH 2 DEVASIA SAVIO, S/O.DEVASIA 3 DEVASIA SANAL, S/O.DEVASIA 4 PADMANABHA PILLAI, S/O.BALAKRISHNAN NAIR KIZHAKKATTU MEVADA (DIED). 5 THOMMAN MANI THOTTUVAYIL MEVADA KARA 6 THOMMAN DOMINIC, THOTTUVAYIL MEVADA KARA, THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA No.342 of 2008

JUDGMENT

Dated this the 01st day of February, 2023 This appeal has been filed against the judgment and decree in A.S. No.54/2001 on the file of Sub Court, Pala, which in turn arise out of judgment and decree in O.S. No.442/1995 on the file of Munsiff's Court, Pala.

2. When the case was taken up, the learned counsel

for the appellants submitted that a memo has been filed to the effect that the matter has been settled between the parties and appellants are not intending to proceed with the RSA and hence the appeal is not pressed. Memo recorded. Accordingly, appeal is dismissed as not pressed. All pending I.As are closed. Sd/- M.R.ANITHA JUDGE SMF //TRUE COPY// PA TO JUDGE