IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
RFA NO. 157 OF 2008 (D)
AGAINST THE JUDGMENT AND DECREE DATED 29.6.2007 IN OS 107/2005 OF
ADDITIONAL SUB COURT, THALASSERY
APPELLANTS/DEFENDANTS 2&3:
1 MEETHALA KUMBAYIL SASEENDRAN(DIED)
S/O. YESHODA, AGED 51 YEARS,
NAMSHIL QUARTERS,
AYIKKARA WARD,
P.O. THAYYIL,
KANNUR.
2 MEETHALA KUMBAYIL ASHOK KUMAR,
S/O. YESHODA,AGED 39 YEARS, P.P. XI/745,
PUZHATHI AMSOM, DESOM,
PALLIKKUNNU P.O.,
KANNUR.
ADDL.A3 NEETHA P.K.,
W/O.M.K.SASEENDRAN, AGED 44 YEARS,
SAPNA NIVAS, CHETTIPEEDIKA, P.O.PALLIKKUNNU, KANNUR
DISTRICT.
A3 IS APPOINTED AS POWER OF ATTORNEY HOLDER OF A6 VIDE
JUDGMENT DATED 12.01.2023 IN I.A.1/2023.
ADDL.A4 SHANRAJ M.K.,
AGED 25 YEARS, S/O.M.K.SASEENDRAN,SAPNA NIVAS,
CHETTIPEEDIKA, P.O.PALLIKKUNNU, KANNUR DISTRICT.
ADDL.A5 SOUMYAN,
AGED 23 YEARS, S/O.M.K.SASEENDRAN,
SAPNA NIVAS, CHETTIPEEDIKA, P.O.PALLIKKUNNU, KANNUR
DISTRICT.
ADDL.A6 SHARATH M.K.
S/O.M.K.SASEENDRAN,SAPNA NIVAS,
CHETTIPEEDIKA P.O.PALLIKKUNNU, KANNUR DISTRICT.
ADDL.A7 SHARON M.K. (MINOR)
D/O.M.K.SASEENDRAN, REPRESENTED BY MOTHER NEETHU P.K.,
SAPNA NIVAS, CHETTIPEEDIKA, P.O.PALLIKKUNNU, KANNUR
DISTRICT.
THE LEGAL HEIRS OF DECEASED 1STAPPELLANT ARE IMPLEADED
AS ADDL.A3 TO ADDL.A7 AS PER ORDER DATED 13/3/14 IN IA 558/14.
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2
BY ADV P.U.SHAILAJAN
RESPONDENTS/PLAINTIFF & 1 ST DEFENDANT:
1 CHORAPPAN PUSHPA,
W/O. KUNHAMBU, AGED 53 YEARS, 'CHAITHANYA',
CHETTIPEEDIKA, PUZHATHI AMSOM, DESOM,KANNUR.
2 MEETHALA KUMBAYIL YESHODA (DIED)
W/O.LATE NARAYANAN,, C/O. PARANCHALIL RAMAKRISHNAN
CHEMMANPEEDIKA, NEAR SIROMANI VAIDASALA,
P.O.ANJARAKANDY, KANNUR
ADDL.R3 M.K.SHOBHANA,
D/O.M.K. YESODHA,
AGED 58 YEARS,
RESIDING AT SHOBHANA NIVAS,
NEAR OLD BUS STAND, KANNUR AND THE RESIDENCE OF
DR.SHENOY, KANNUR-1.
ADDL.R4 M.K.YAMUNA,
D/O.M.K.YESODA, AGED 52 YEARS,
NEAR EDACHOVVA KARUVAN VAIDYAR PEEDIKA,
P.O. MUNDAYADU, KANNUR DISTRICT
ADDL.R5 M.K.MADHU SOODHANAN,
S/O.M.K.YESODA, AGED 48 YEARS, JYOTHIS,
P.O.ANJARAKKANDI, KANNUR DISTRICT.
ADDL.R6 M.K.SAPNA,
D/O.M.K.YESODA, AGED 37 YEARS, 'SEREENA', VALANKICHAL, ANCHARAKKANDI,
P.O. ANCHARAKKANDI, KANNUR DISTRICT.
ADDL.R7 SREEKALA,
W/O.LATE HAREESH BABU,
AGED 35 YEARS,
PANNANPARA, C.K.PURAM,
P.O. CHALADE, KANNUR DISTRICT
IT IS RECORDED THAT R2 DIED AND THE ADDL.R3 TO R7 ARE
IMPLEADED AS THE LR'S OF DECEASED R2 AS PER ORDER DATED 11/1/11 IN IA 187/09.
BY ADVS.
NIDHEESH T.P - FOR R1
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
I.A.No.1/2023 is for accepting the power of attorney executed by the 6thappellant and to permit the power holder to sign the compromise arrived at by the parties out-of- court. In fact, the compromise arrived at by the parties out-of-court was signed by the power holder for and on behalf of the 6th appellant. Hence, permission is granted. Both the counsel fairly conceded that in view of the out-of-court settlement arrived at by the parties a decree may be passed accordingly. The appeal will stand allowed by passing a decree in terms of the compromise arrived at by the parties and it will form part of the decree and judgment. Refund the entire court
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fee in view of the legal position settled by the Apex Court in High court of Judicature at Madras rep. By its Registrar General v. M.C.Subramaniam and others [2021 (2) KHC 62]. Sd/-
P.SOMARAJAN
JUDGE
rkr-12/01
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APPENDIX OF RFA 157/2008
PETITIONER ANNEXURES
Annexure 1 POWER OF ATTORNY
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