Vincent Kuriakose and Lekha v. Marykutty Chackochan and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. Somarajan
Judgment Date: 2022-04-08
Court Decision / Holding: The compromise arrived at by the parties is accepted; there will be a decree in terms of the compromise arrived at by the parties, and the compromise along with the sketch annexed will form part of the judgment and decree.
Final Disposition: Decree

Parties to the Case

Appellants / Petitioners

Vincent Kuriakose
Lekha

Respondents

Marykutty Chackochan
Dr. Jose Kuriakose
M.K. Scariachan
M.K.Kuriachan
Anikutty John
Tessy Kuriachan
Sunney Sebastian
Sebastian V
Benny Sebastian
Jimmy Kurian
Legal heirs of Deceased Respondent 7
Legal heirs of Deceased Respondent 1

Legal Representation & Advocates

Counsels for Petitioners

• N. L. Krishnamoorthy
• K. Lakshminarayanan
• Sathyashree Priya Easwaran

Counsels for Respondents

• Ligey Antony
• Jojo George
• A. V. Thomas

Case Synopsis & Summary

This Regular First Appeal arises from a partition suit (OS 31/2003) in the Subordinate Judge’s Court, Quilandi. The appellants, Vincent Kuriakose and his wife Lekha, challenge a preliminary decree dated 18 February 2009 that partitioned plaint schedules A and C and directed a division of about 7.82 acres. While the appeal was pending, the parties explored an amicable settlement to preserve family unity. They produced a joint statement with a property sketch, reducing the actual extent available for partition to 7.40 acres and detailing specific allotments: the 4th respondent was allotted 3 acres; the 1st appellant was allotted 1 acre and 30 cents including the house; the 5th respondent was allotted 3 acres and 10 cents; all other respondents relinquished their rights over the plaint schedules A and C as stated. The agreement also contemplated execution of a partition deed among the relevant parties and submission of the joint statement to the court to obtain a decree on this basis. The Kerala High Court, acknowledging the settlement, accepted the compromise and ordered that the decree be drawn in terms of the compromise, with the sketch annexed forming part of the judgment. The appeal is disposed by decree in terms of the settlement, aiming to maintain family harmony and avoid further litigation.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that, despite the earlier decree, the parties should be allowed to settle the partition amicably and finalize the division as per the joint statement. They emphasize maintaining family unity and ensuring clear, executable allotments, including the house for the first appellant and specified parcels for other parties, while relegating all other claims. They acknowledge a measured reduction from the plaint’s stated extent and request the court to admit the joint settlement and pass a decree accordingly, with the accompanying sketch forming part of the judgment.

Contentions of Respondents

The respondents support an amicable settlement to resolve all disputes without protracted litigation. They consent to the allocation plan outlined in the joint statement, relinquishment of their respective rights except as provided, and execution of a partition deed among the principal parties. They seek a decree in terms of the joint statement, maintaining family unity and respecting the agreed shares and boundaries as per the measured extent.

Extracted Judgment Text

Exact text extracted from official judgment records.

# IN THE HIGH COURT 0F KERALA AT ERNAKULAM # PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, Tl+E 8TH DAY 0F APRIL 2022 / 18TH CHAITHRA, 1944 RFA NO. 479 0F 2®®j± AGAINST THE JUDGMENT AND DECREE IN 0S 31/20®3 0F SUB COURT, QUILANDY DATED 18.02.2®®9 ## AppELLAlirs/DEFEilDANrs4&8INoLSL= 1 VINCENT KURIAKOSE, S/0. KURIAKOSE, AGED 51 YEARS, MANNANAL, MANNANAL, P.0,KAKKAYAM, KAYANNA AMSOM, KAKKAYAM DESOM, KOZHIKODE DISTRICT. LEKHA, W/0.VINCENT KURIAKOSE AGED 50 YEARS, HOUSE WIFE,MANNANAL, P.0.KAKKAYAM, KAYANNA AMSOM, KAKKAYAM DESOM, KOZHIKODE DISTRICT. BY ADVS. SRI . N . L . KRISHNAM00RTHY SRI . K . LAKSHMINARAYANAN SMT. SATHYASHREE PRIYA EASWARAN ## RESPONDENTS/PLAINTIFFS & DEFENDANTS 2, 3 7IN - DR.ANNAMMA KURIAN (DIED), W/O. KURIAN JACOB AGED 58 YEARS, K0ITHARA PUTHANPARAMBIL, , NEAR LAKE SHORE HOSPITAL, PARUTHICHUVAD, , NETT00R AMSOM, DESOM, ERNAKULAM DISTRICT. MARYKUTTY CHACKOCHAN, W/0. CHACKOCHAN - AGED 69 YEARS, POUHTIL HOUSE, ANCHUM00RTHI,, - VADAKKANCHERY, MANGALAM AMSOM DESOM, PALAKKAD DIST ## DR. JOSE KURIAKOSE - S/0. LATE M,I.KURIAKOSE, AGED 56 YEARS, MANNANAL, KUNNAMANGALAM, KUNNAMANGALAM AMSOM, DESOM, KOZHIKODE DISTRICT . ## M.K.SCARIACHAN, S/O.KURIAKOSE, AGED 55, - YEARS, MANNANAL, OPPOSITE SELLERE CONVENT, , MALLAPPARMABA PO, VENGERI AMSOM DESOM, KOZHIKODE. - M.K.KURIACHAN, S/0.KURIAKOSE, AGED 55, - YEARS, MANNANAL, K.D.P, P.0. , KALAMASSERY, KALAMASSERY AMSOM, DESOM, ERNAKULAM DISTRICT. ANIKUTTY JOHN, W/0,JOHN. AGED 64 YEARS RFA NO. 479 0F 2®®9 2 PANAKKAL HOUSE, PANTHATHALA, P. 0. PALAI, , PANTHATHALA AMSOM, DESOM, KOTTAYAM. PUSHPAMMA SEBASTIAN, W/0. SEBASTIAN AGED 67 YEARS,VALUMMANNEL HOUSE, THRIKKAKARA, AMSOM, DESOM, B.M.C.P.0.,ERNAKULAM DISTRICT. TESSY KURIACHAN, D/0. K.M,KURIACHAN - AGED 23 YEARS, MANNANAL HOUSE, KIDS GARDEN, KALAMASSERY . - *9 SUNNY SEBASTIAN, PALMGROVE APARTMENTS, VIJ0 BHAVAN ROAD, THRIKKAKKARA, BARATH MATHA COLLEGE P,0,, ERNAKULAM -682 021 - *10 SEBASTIAN. V - ALEXANDER GARDENS, KALAMASSERY, KDP.PO, ERNAKU LAM -683109 - *11 BENNY SEBASTIAN - ALEXANDER GARDENS, KALAMASSERY, KDP.PO, ERNAKU LAM -683109 (THE LEGAL HEIRS OF DECEASED R7 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 9 T0 11 AS PER ORDER DATED 08.04.2022 IN IA,1956/2010) - *12 JIMMY KURIAN S/0/LATE ANNAMMA KURIAN, AGED 45 YEARS, K0ITHARA PUTHANPARAMBIL, NEAR LAKE SHORE HOSPITAL, NETT00R AMSOM & DESOM, ERNAKULAM682®40 (THE LEGAL HEIR 0F DECEASED RI IS IMPLEADED AS ADDL, R12 AS PER ORDER DATED. 08.04.2022 IN IA.1/22) BY ADVS. LIGEY ANTONY-R9 T0 R12 SRI.JOJO GEORGE-R1 & R5 SRI.A,V,THOMAS-R1 & R5 THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION 0N 08.04.2022, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: RFA NO. 479 0F 2®®9 ## JUDGMENT The settl.ement arrived at by the parties is produced including the persons sought to be impleaded as additional parties. Hence, the compromise arrived at by the parties is accepted, There wil.I be a decree in terms of the compromise arrived at by the parties, The compromise al.ong with the sketch annexed win form part of the judgment and decree, Sd/P . SOMARAJAN JUDGE SPV CaThLto|£.L A rl ## BEFORE THE HONOuRABLE HIGH cOuRT OF KEinLA -Erd^AKULAM pr. in lLRFANo. 479 / 09 ## APPELLANTS 1. Vincent Kuriakose, S/o. Kuriakose, aged 70 years, Mannanal House, Kakkayam P.O., Kayanna amsom, Kakkayam desom, Kozhikode District673615. 2. Lekha, W/o. Vincent Kuriakose, Aged 65 years, Mannanal House, Kakkayam P.O., Kayanna amsom, Kakkayam desom, Kozhikode District673615. ## RESPONDENTS 1. Marykutty Chackochan, W/o. Chackochan, aged 87 years, Pouthil House, Anchumoorthi, Vadakkanchery, Mangalam amsom desom, Palakkad District679301. 2. Dr.Jose Kuriakose, S/o. Late M.J.Kuriakose, Aged 76 years, Mannanal, Kunnamangalam, Kunnamangalam amsom desom, Kozhikode District673571. 3. M.K.Scariachan, S/o. Kuriakose, aged 74 years, Mannanal,Opposite Sellore convent, Mallaparmba.P.O, Vengeri amsom Desom, Kozhikode District673010 4. M.K.Kuriachan, S/o.Kuriakose, aged 72 years, Mannanal, KDP P.O, Kalamasserry, Kalamasserry amsom desom, Ernakulam District -683104. Marykutty Chackochan ffeofty*ae#a4yze#9.4f4frT`~ `Eq_lil uEFiENi| AnikuttyiJohn fl fry: -=77`T`. ``-|L," Sunney Sebastiant\' - _-_ Dr. Jose Kuriakose I Sebastian V a / `-`_'i-i+ `Eq_lil uEFiENi| Sunney Sebastiant\' - Sebastian V Benny Sebastian 7)7/<b Jimmy Kurien ```. M.K.Scariachan/2fz3 M.K. Vincent Kuriakose c,31 rf uulJ Tessy Kuriachan a ~rty 5. Anikutty John, W/o. John, aged 80 years, Panakkal House, desom, Kottayam DistrictPanthathala,P.O, palai, Panthathala amsom 686001. 6. Tessy Kuriachan, D/o. M.K. Kuriachan, aged 39 years, Mannanal House, Kids Garden, Kalamaserry, Ernakulam District-683104. 7. Sunney Sebastian, S/o. Late Pushpamma Sebastian, aged 65 years, Palmgrove Apartments, Vijo Bhavan Road, Thrikkakara, Barath Matha College .P.O, Ernakulam-682021. 8. Sebastian.V, S/o. Late Pushpamma Sebastian, aged 62 years, Alexander Gardens, Kalmassery KDP.P.O, Ernakulam-683109. 9. Benny Sebastian, S/o.Late Pushpamma Sebastian, aged 59 years, u Alexander Gardens, Kalamasserry, KDP.P.O, Ernakulam-683109. 10. Jimmy Kurian, S/o. Late Dr. Annamma Kurian, aged 45 years, Koithara Puthanparambil, Near Lakeshore Hospital, Nettoor Amsom & Desom, Ernakulam-682040. ## aeE±ENTF±±±2Qp]£±±±E+LAppELLANTSANDLBE§EQNDENEs|H ±HEABOVEMATTEP= 1. The above appeal is filed by the appellants mainly challenging the preliminary decree passed in OS 31/03 by the Subordinate Judges Court, Koyilandy in a suit for partition. The preliminary decree was passed on 18102-2019 holding that Plaint ``" and "C" schedule having an extent or 7 Acres and 64 cents shown in Exhibit-C13 are to be partitioned into u **==> picture [453 x 143] intentionally omitted <==** **----- Start of picture text -----** i2a;q:ua:t;hca:easckochan /ire Jqap¢#%j;#[_%#J#4Z ' ^ AmkuttyJohn Afvvj± sunneysebastl¥`-`jL: Sebastian v U Dr. Jose Kuriakose ZZEEEEEEEi Al f ? ` ,.I- M.K. Scariachan Benny Sebastian M.K. Kuriachen Jimmy Kurien #-@ Vincent Kuriakose Tessy Kuriachan o rty **----- End of picture text -----** Vincent Kuriakose •-::---:-_:-::i:-:--:.-:-:--:--:``-:.`::-----,`_`..::`- **==> picture [78 x 2] intentionally omitted <==** **----- Start of picture text -----** ., **----- End of picture text -----** k/xS3fi9 ill a Plaintiffs/t.eJ3esponc!ents I,2 cirtc! 3 are together entitled to 3/12 shares. Defendants 2 to 6/ie.1st appellant & Respondents 4 to 7 are entitled to L / 12 shares each.1St defendant/ie. her LR's respondents 9 to 11 are entitled to 4/ 12 shares. 2. Pending appeal, 6th defendant/PLtshpczmmcz Sebc.sfz.cm/ died and her legal representatives are impleaded as Respondents 9 to 11 respectively. The lst plaintiff/Dr.Annczmmc{ Run.czri also died and her sole legal representative is impleaded as 12th respondent in the appeal. 3. Since the parties are keen on maintaining the family unity, it was expressed by the parties to have an amicable settlement of all the disputes involved in the appeal. Accordingly, the property was measured and after a discussion between the parties, a sketch of the property was prepared, and it is agreed to have the disputes settled as per the terms and conditions given below. (a) Though larger extent of property /A fo C Schec!u/e/ is shown in the plaint schedule, it is agreed by all the parties that plaint a and C schedule alone are available for partition. The total extent shown in the plaint a and C schedule comes to 7.82 Acres but on actual measurement, it is agreed that the total extent available is only 7.40 Acres for partition. Marykutty Chackochan Anikutty John Vincent Kuriakose ~ /3i appal/aM/ •----i:i;-::::::-;:::-:-:`-i::---::::----- hif=harferf± ;¥gvpe[s¥¥t]#fgr Sebastian V i7,_Ln Benny Sebastian '`)` Jimmy Kurien Jfa@ TessyKuriachanj,JP K,*3r "3# (b) Mr. M.K.Scariachan, the 4th respondent is allotted 3 Acres of land. The said property is described by giving a yellow shade in the sketch appended. (c) Mr.Vincent Kuriakose, the lst appellant is allotted 1 Acre and 30 cents including the house. The said property is described by giving a Green shade in the sketch appended. (d) Mr.M.K.Kuriachan, the 5th respondent is allotted 3 Acre and 10 cents. The said property is described by giving a Blue shade in t,he sketch appended. ® (e) All the other respondents hereby relinquish and withdraw their respective claims in the suit, including their shares and their rights in respect of the plaint "a" and "C" schedule properties. It is agreed that none of the other respondents will clain.1 any right, title or interest over the properties allotted to M.K.Scariachan, Mr.Vincent Kuriakose and Mr.M.K.Kuriachan as stated above. All the parties have fully agree and consent to make the allotment of properties as stated above. M.K.Scariachan, Mr.Vincent Kuriakose and Mr.M.K.Kuriachan are free to enjoy the said properties as their own independently after remitting necessary revenue and other taxes applicable. brfftfaF"£"J€TyINffhRE} fife.if Marykutty Chackochan Anikutty John Sebastianv `U•--`-----Benny Sebastian Jrmny Yti3;iyen &®® Tessy Kuriachan c ,£.1,98 ty§givIr (I) It is agreed by M.K.Scariachan, Mr.Vincent Kuriakose and Mr.M.K.Kuriachan that a partition deed would be executed between them in accordance with the properties allotted to them as per this joint statement. (g) It is agreed that this joint statement along with the sketch be produced before the court by the appellants and a decree can be passed basing on this joint statement. Dated this the th dayofMarch 2022 ## rl ## a Marykutty Chackochan Anikutty John Dr. Jose Kuriakose Y##a/edy CounEL lag a Sebastian V Bennysebastian '. ` Jimmy Kurien Tessy Kuriachan 9AJLLj **==> picture [120 x 10] intentionally omitted <==** **----- Start of picture text -----** i-;:--.-i-:,::--::::---i--:----- **----- End of picture text -----** **==> picture [88 x 5] intentionally omitted <==** **----- Start of picture text -----** -:-:---` - **----- End of picture text -----** **==> picture [412 x 648] intentionally omitted <==** **----- Start of picture text -----** r-,...-_ `. .i.:g!L8r¥On--\ *,,+ `1g-\ J_\ •'i`\ <,. -v5`® \\ g ,\ .`` .I `:-,de:`` ?:\` 8` i,cG :..„:\ ',' : ',/ rfu < .,,. I '.`! .,... ` :,` * ,,, 11- ----,,- ' - --;` ----- ''/ ' , dD`:,¢ y' i. `..\ •.:.i,,, **----- End of picture text -----**