2025:KER:26479 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 RSA NO. 1486 OF 2013 AGAINST THE DECREE AND JUDGMENT DATED 17.06.2013 IN AS NO.207 OF 2012 OF ASSISTANT SUB COURT, KANNUR ARISING OUT OF THE JUDGMENT DATED 20.01.2010 IN OS NO.613 OF 2002 OF PRINCIPAL MUNSIFF COURT, KANNUR APPELLANTS/APPELLANTS 1 AND 3 TO 7/1ST DEFENDANT AND LRS. OF DECEASED 2ND DEFENDANT: 1 C.M.BHASKARAN NAIR AGED 67 YEARS S/O.MADHAVAN NAIR, RETIRED TEACHER, RESIDING AT SUBHASH VILLA, KOODALI AMSOM, MUTTANNUR DESOM,KANNUR. 2 KAMALAKSHI AMMA AGED 64 YEARS W/O.LATE M.P.KARUNAKARAN NAMBIAR, KRISHNAPURAM,MUTTANNUR, PATTANNUR P.O., KANNUR, PIN – 670 595 3 RAMAKRISHNAN AGED 40 YEARS S/O.LATE M.P.KARUNAKARAN NAMBIAR, KRISHNAPURAM,MUTTANNUR, PATTANNUR P.O., KANNUR, PIN – 670 595 4 SANTHOSHAN AGED 38 YEARS S/O.LATE M.P.KARUNAKARAN NAMBIAR,KRISHNAPURAM, 2025:KER:26479 RSA NO. 1486 OF 2013 2 MUTTANNUR, PATTANNUR P.O.KANNUR, PIN - 670 595 5 PRASANTHAN AGED 36 YEARS S/O.LATE M.P.KARUNAKARAN NAMBIAR, KRISHNAPURAM,MUTTANNUR, PATTANNUR P.O., KANNUR, PIN – 670 595 6 VIJESH AGED 32 YEARS S/O.LATE KARUNAKARAN NAMBIAR, KRISHNAPURAM,MUTTANNUR, PATTANNUR P.O., KANNUR, PIN -670 595 BY ADVS. SRI.T.KRISHNAN UNNI (SR.) SRI.K.C.KIRAN SMT.MEENA.A. SMT.P.A.SHEEJA SRI.T.SIVADASAN RESPONDENTS/RESPONDENTS/PLAINTIFFS AND 3RD DEFENDANT: 1 PUTHANPURAYIL KUNHIRAMAN AGED 75 YEARS S/O.KELAN, PHARMACIST, RESIDING AT 'HILL VIEW',KOODALI AMSOM, MUTTANNUR DESOM, PATTANNUR P.OKANNUR, PIN – 670 595 DIED LLRS IMPLEADED 2 VALAPPIL MALATHI AMMA AGED 67 YEARS D/O.DEVAKI AMMA, RETIRED TEACHER, RESIDING ATKOODALI AMSOM, MUTTANNUR DESOM, PATTANNUR P.O.,KANNUR, PIN – 670 595 3 C.GOVINDAN NAIR BUSINESS, VIJAYA GOVIND MILL, PANNERIMUKKU,P.O.ALAVIL, KANNUR - 8. (DIED DELETED) R3 IS DELETED FROM PARTY ARRAY AT THE SIDE OF APPELLANTS AS PER ORDER DTD.07.04.14 IN IA 615/14. 2025:KER:26479 RSA NO. 1486 OF 2013 3 4 KRISHNAJA, AGED 51 YEARS, D/O PUTHANPURAYIL KUNHIRAMAN, ‘HILLVIEW’, MUTTANNUR, PATTANNUR P.O., EDAYANUR (VIA), KANNUR, PIN - 670 595. 5 KRISHNANAND, AGED 49 YEARS, S/O PUTHANPURAYIL KUNHIRAMAN, ‘HILLVIEW’, MUTTANNUR, PATTANNUR P.O., EDAYANUR (VIA), KANNUR, PIN - 670 595. THE LEGAL HEIRS OF DECEASED R1 ARE IMPLEADED AS ADDL R4 AND R5 AS PER THE ORDER DATED 16/12/24 IN IA 2/2024. BY ADV V.RAMKUMAR NAMBIAR – R1, R2,ADDL R4 AND PADDL R5. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26479 RSA NO. 1486 OF 2013 4 JUDGMENT 1. The learned counsel for the appellant has filed a Memo dated 12.03.2025, producing a copy of an agreement as Annexure 1, claiming that the parties have settled the matter and that on account of the same the decree has become in executable. Since only a copy of the Agreement is produced and the same is not signed on all pages, Appeal could not be disposed of recording settlement on the basis s of the said Agreement. 2. The respondents 2, 4 and 5, who are the 2nd plaintiff and the legal heirs of the 1st plaintiff have filed an affidavit along with I.A. No.1 of 2025 to receive the same in evidence, in which they undertook that they will not execute the judgments and decrees challenged in the appeal. I.A. No.1 of 2025 is allowed accepting the Affidavit into the records. The Regular Second appeal is 2025:KER:26479 RSA NO. 1486 OF 2013 5 dismissed as not pressed recording the undertaking of the the respondents 2, 4 and 5 that they will not execute the judgments and decrees challenged in the appeal. Sd/- M.A.ABDUL HAKHIM JUDGE mus 2025:KER:26479 RSA NO. 1486 OF 2013 6 APPENDIX OF RSA 1486/2013 PETITIONER ANNEXURES ANNEXURE A1 COPY OF AGREEMENT DATED NILL FEBTRUARY 2025 EXECUTED BY C.M.BHASKARAN NAIR AND 5 OTHERS