High Court Kerala High Court

Melekkandi Devaki vs Kooloth Valappil Kallyani on 24 March, 2009

Kerala High Court
Melekkandi Devaki vs Kooloth Valappil Kallyani on 24 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 354 of 2005()


1. MELEKKANDI DEVAKI, AGED 68 YEARS,
                      ...  Petitioner
2. K.V.MYTHILI, AGED 52 YEARS,
3. K.V.RAJAN, AGED 50 YEARS,
4. K.V.LEELA, AGED 48 YEARS,
5. MOHANAN, AGED 45 YEARS, S/O.DECEASED
6. CHANDRAN, AGED 39 YEARS,
7. SEETHALA, AGED 37 YEARS,
8. USHA, AGED 35 YEARS, D/O.DECEASED KANNAN
9. PRAMOD AGED 32 YEARS, S/O.DECASED KANNAN
10. REENA, AGED 30 YEARS,  D/O.DECEASED

                        Vs



1. KOOLOTH VALAPPIL KALLYANI, AGED 72
                       ...       Respondent

2. KOOLOTH VALAPPIL BALAN, AGED 43 YEARS,

3. KOOLOTH VALAPPIL RAVEENDRAN, AGED 43

4. KEELOTH VALAPPIL MUKUNDAN, AGED 39

5. KOOLOTH VALAPPIL DEVAKI, AGED 37 YEARS,

6. KOOLOTH VALAPPIL UTHAMAN, AGED 45

7. KOOLOTH VALAPPIL SASINDRAN, AGED 37

8. C.P.NARAYANAN NAMBIAR, AGED 75 YEARS,

                For Petitioner  :SRI.C.KHALID

                For Respondent  :SRI.E.V.NAYANAR

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :24/03/2009

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
                   I. A. No.656 of 2009 &
                  R. S. A No.354 of 2005
          ------------------------------------------------
          Dated this the 24th day of March, 2009

                         JUDGMENT

Compromise reported vide I.A.656/09

settling the dispute between the parties is

accepted and recorded.

2. In the result, the decrees of the

courts below are set aside and there will be a

preliminary decree in terms of the compromise

reported vide I.A.656/09. The compromise as

also Annexure-A plans (seven in number)

attached thereto shall form part of the

compromise decree. Fee for separate allotment

of shares will have to be paid for such of the

sharers who have not already paid court fee

for separate allotment of their shares.

Parties to suffer their own costs. The shares

shall be got valued before passing of final

judgment to enable determination of stamp duty

R. S. A No.354 of 2005 -2-

to be levied for drafting final decree in

conformity with this preliminary decree passed

in terms of the compromise.

K.P.BALACHANDRAN,
JUDGE
kns/-