RSA No. 35 of 2006 · Kerala High Court
Case at a glance
Outcome
Disposed of
Appeals are disposed of in terms of compromise
Provisions considered
Judgment
APPELLANT/APPELLANT/3RD DEFENDANT: ----------------- MUHAMMED, S/O.MANHARODAN AVARANKUTTY, RESIDING AT FEROKE AMSOM AND NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN RESPONDENTS/RESPONDENTS/ PLAINTIFF AND DEFENDANTS 1, 2 & 4 to 8 ---------------------
ABDUL SALEEM, S/O.MANHARODAN MUHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
ABDUL SALAM, S/O.MANHARODAN AVARANKUTTY, RESIDING AT RAMANATTUKARA AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT.
ITHIYA, W/O.ABDUL SALAM, RESIDING AT RAMANATTUKARA AMSOM DESOM, KOZHIKODE TALUK AND DISTRICT.
ABDUL RAZAK, S/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
ABDUL RASHEED, S/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BUSHARA, D/O.MOHAMMED, RESIDING AT FEROKE AMSOM NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. R.S.A.NO.35/2006
KOLLARKANDI PATHAYI, W/O.LATE MOHAMMED, D/O.SAIDU, RESIDING AT FEROKE AMSOM, NALLUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. ADV. SMT.SANIKA.V.S. FOR R2,3 SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 SRI.K.JAYAKUMAR FOR R1 SRI.P.B.KRISHNAN FOR R1 SRI.C.P.MOHAMMED NIAS FOR R4 & R7 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 11/6/2009, ALONG WITH RSA NO. 44 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.S.A.NO.35/2006 ORDER ON I.A.NO.137/2006 IN R.S.A.NO.35/2006 --------------------- DISMISSED 11/;6/2009 Sd/- HARUN-UL-RASHID, JUDG. HARUN-UL-RASHID,J. --------------------------- R.S.A.NO.35 OF 2006 & I.A.NO.1040 OF 2009 & R.S.A.NO.44 OF 2006 & I.A.NO.1039 OF 2009 --------------------------- DATED THIS THE 11TH DAY OF JUNE, 2009 JUDGMENT The above second appeals have been filed against the common judgment and decree passed in A.S.Nos.167/2003 & 168/2004 on the file of the Ist Additional District Court, Kozhikode, which arise from the judgment and decree in O.S.No.72/99 on the file of the 2nd Additional Sub Court, Kozhikode. The sub court decreed the suit for partition allotting shares to the plaintiff and defendants. Defendants 1 and 2 filed A.S.No.168/2004 and the 3rd defendant filed A.S.No.167/2003 challenging the judgment and decree passed by the sub court. Both the appeals were dismissed by the Ist Additional District Court, Kozhikode by a common judgment dated 17/10/2005. The above second appeals are filed by the appellants in the appeals R.S.A.No.35 & I.A.No.1040/09 & R.S.A.No. 44/2006 & I.A.No.1039/09 -2- filed before the Lower Appellate Court.
Operative part
2. Pending consideration of these appeals, the parties to the suit settled the disputes out of court. Accordingly they filed compromise petitions, I.A.No.1040/2009 & I.A.Nos.1039/2009 under Order XXIII and Rule 3 of the Code of Civil Procedure. The terms of settlement are recited in the said compromise petitions. The terms of settlement in the above said I.As. are hereby recorded and shall form part of the decree. Appeals are disposed of in terms of compromise. No order as to costs. Judge. HARUN-UL-RASHID, kcv.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Appeals are disposed of in terms of compromise
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — r. 3.
Which court decided this case, and when?
Kerala High Court, on 11 Jun 2009. The bench was RASHID.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.