Judgment · High Court · 2007

PRESENT : THE HONOURABLE MR. JUSTICE M.M.PAREED PILLAY (RETD.CHIEF JUSTICE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) THURSDAY, THE 18TH JANUARY 2007 / 28TH PAUSHA 1928 RFA.No. 46 of 2006() -------------------- OS.15/1999 of SUB COURT, TIRUR .................... APPELLANT/PLAINTIFF: ------------ 1. THITHEERIKUTTY HAJUMMA, D/O. CHETTARIMMAL KALAPPATTIL SAIDALI, TIRUR TALUK, KUTTIPPURAM AMSOM, DESOM.(DIED) SUPPL.APPT.2. THONIKKADAVATH SAIDALIKUTTY, AGED 65 YEARS, S/O.KUNHAMMED HAJI, CHETTARIMMAL KALAPPATTIL, TIRUR TALUK KUTTIPPURAM AMSOM, DESOM.

MUHAMMED HAJI, AGED 60 YEARS, S/O.SAIDALIKKUTTY, (BUSINESS) -DO- -D0-

IBRAHIM, AGED 55 YEARS, S/O.LATE CHETTARIMMAL KALAPPATTIL THITHEERIKUTTY HAJUMMA, -DO- -DO- 5. KOYA, AGED 50 YEARS, S/O. -DO- 6. YOOSUF, AGED 47 YEARS, S/O. -DO- 7. ABDU RAHIMAN, AGED 43 YEARS, S/O. -DO- 8. HAJEEMA UMMA, AGED 55 YEARS, D/O. -DO- -DO- (SUPPLEMENTAL APPELLANTS 2 TO 8 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED APPELLANT NO.I VIDE ORDER DT. 21.6.06 IN IA 1435/06) BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS/DEFENDANT: ----------------- HAMZA HAJI, S/O. THONIKADAVATH KUNHAHAMMED HAJI, BUSINESS, TIRUR TALUK, KUTTIPPURAM AMSOM, DESOM. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) & M.R.HARIHARAN NAIR (RETD. JUDGE) R.F.A. No. 46 OF 2006(E) ----------------------------------- Dated this the 18th day of January, 2007 A W A R D M.M.PAREED PILLAY (Rtd. Chief Justice) Appellant's counsel present, respondent's counsel also present. It is submitted that the matter was already settled. The RFA is settled and closed. The appellant is entitled to the refund of court fee. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) M.R.HARIHARAN NAIR (RETD. JUDGE)