High Court Kerala High Court

Mohammedkutty vs Sukumaran on 29 March, 2010

Kerala High Court
Mohammedkutty vs Sukumaran on 29 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 366 of 2009()


1. MOHAMMEDKUTTY, S/O.ABDULLA,
                      ...  Petitioner

                        Vs



1. SUKUMARAN, S/O.KUMARAN,
                       ...       Respondent

2. VELAYUDHAN, S/O.ARUMUGHAN,

                For Petitioner  :SRI.RAJESH SIVARAMANKUTTY

                For Respondent  :SRI.P.R.VENKETESH

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :29/03/2010

 O R D E R
                          THOMAS P. JOSEPH, J.

                          --------------------------------------
                             R.S.A.No.366 of 2009
                          --------------------------------------
                    Dated this the 29th day of March, 2010.

                                    JUDGMENT

This appeal arises from judgment and decree of learned Additional

District Judge-I, Palakkad in A.S.No.73 of 2001 reversing dismissal of the suit

(for specific performance) and granting a decree in favour of respondent No.1

directing appellant and respondent No.2 to execute the sale deed in favour of

respondent No.1 on the latter depositing Rs.2,500/- in the trial court towards

balance sale consideration. According to respondent No.1 the suit property

which belonged to respondent No.2/defendant No.1 was agreed to be assigned

to him for consideration. Appellant/defendant No.2 is a subsequent assignee

from respondent No.2 who is also bound by the decree of the first appellate court

and hence is aggrieved. Now it is submitted that appellant and respondent No.1

have settled the dispute outside the court and have filed I.A.No.838 of 2010 to

pass a decree in accordance with the compromise.

2. I have heard learned counsel for appellant and respondent No.1.

Respondent No.2/defendant No.1 has been removed from the array of parties as

per order on I.A.No.837 of 2010.

RSA No.366/2009

2

3. Terms and conditions of the settlement between appellant and

respondent No.1 are embodied in I.A.No.838 of 2010. That application is

allowed and compromise is recorded.

Resultantly Second Appeal is disposed of in terms of the compromise

(vide I.A.No.838 of 2010) and a decree is passed in accordance with the

compromise. Compromise shall form part of the decree of this Court.

I.A.No.828 of 2009 will stand dismissed.

THOMAS P.JOSEPH,
Judge.

cks