Muhammad vs Pathukutty Umma on 15 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 18 of 1996()



1. MUHAMMAD
                      ...  Petitioner

                        Vs

1. PATHUKUTTY UMMA
                       ...       Respondent

                For Petitioner  :SRI.R.RAMADAS

                For Respondent  :SRI.E.R.VENKATESWARAN

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/07/2009

 O R D E R
                          V. RAMKUMAR , J.
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                         A.S. No. 18 of 1996
            ------------------------------------------------------------
               Dated this the 15th day of July, 2009.

                                JUDGMENT

Defendants 1, 9 and 17 to 20 in O.S. No. 141 of 1990 on the

file of the Sub Court, Ottapalam, challenge the preliminary

decree passed by that court. Pending this appeal, the parties

have settled the matter by executing a registered partition deed

dated 29.04.2009. A copy of the partition deed is produced

along with I.A. No. 2282 of 2009 as per which the appellants

have prayed for an order recording the settlement in terms of

the partition deed. Such a prayer cannot be made by the

appellants alone without a joint petition in terms of Order XXIII

Rule 3 C.P.C. But, having regard to the fact that the parties

claim to have settled the dispute out of court by executing a

partition deed, this appeal is dismissed as one settled out of

court. No costs.

Dated this the 15th day of July, 2009.

V. RAMKUMAR, JUDGE.

rv

V. RAMKUMAR, J

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A.S. No. 18 of 1996

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15th day of July, 2009.

JUDGMENT