IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Ex.SA.No. 18 of 2004() ---------------------- AS.98/2002 of PRL.SUB COURT,THALASSERY E.A.NO.428/2001 IN E.P.280/00 IN OS.682/1997 of PRL.MUNSIFF COURT,KANNUR ------- APPELLANT/APPELLANT CLAIM PETITIONER (3RD PARTY) --------------------------------------------------------------------------------------- KOOVAN PRADEEPAN, S/O. LATE VIJAYAN, RESIDING AT TALAP AMSOM, DESOM, KANNUR TALUK. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR ------------------------------------------------------------------------------------------------------------ 1. K.KUNHAMBU NAIR, S/O. POKKAM JAI KERALA MOTOR WORKSHOP, THANA, KANNUR.(DIED) LEGAL HEIRS IMPLEADED AS R4 TO R10 2. KOOVAM PRAMOD, S/O. LATE VIJAYAN, PROPRIETOR, VIJAYA TOUR AGENT TRAVELS, KANNUR. ADDL.R3. SELVARAJ, S/O.PERIASWAMY, NEAR KATTAMPALLY BUILDING, KANNUR. (ADDL.THIRD RESPONDENT IMPLEADED AS PER ORDER DTD. 10/12/2004 IN I.A.NO.2399/2004) LEGAL HEIRS OF DECEASED R1 IMPLEADED. ADDL.R4. K. SAROJINI, W/O.K.KUNHAMBU NAIR, AGED 57 YEARS, JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R5. K. MOHANDAS, S/O.K.KUNHAMBU NAIR, AGED 34 YEARS, JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R6. K.VIVEK, S/O.KUNHAMBU NAIR, AGED 32 YEARS,JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R7. K. INDIRA, D/O/.KUNHAMBU NAIR, AGED 36 YEARS, JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R8. K.SINDHU, D/O.K.KUNHAMBU NAIR, AGED 30 YEARS,JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R9. K.SWAPNA, D/O.KUNHAMBU NAIR, AGED 28 YEARS,JAI KERALA MOTOR WORKSHOP, THANA, KANNUR. ADDL.R10. K. KRISHNA KUMAR, S/O.K.,KUNHAMBU NAIR, AGED 26 YEARS, JAIKERALA MOTOR WORKSHOP, THANA, KANNUR. (ADDL.R4 TO R10 IMPLEADED BEING LEGAL HEIRS OF DECEASED R1 AS PER ORDER DATED 20/6/2011 IN I.A.156/07.) ADV. SRI.M.RAMESH CHANDER FOR R1, R4 TO 10 '' SRI.K.C.SANTHOSHKUMAR FOR R2 '' SMT.K.K.CHANDRALEKHA FOR R2 '' SRI.SIJI ANTONY FOR ADDL.R3 THIS EXECUTION SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Ex.S.A. No.18 OF 2004 =========================== Dated this the 6th day of September,2011 JUDGMENT The appeal was filed by the claim petitioner in E.A.428/2001 in E.P.280/2000 in O.S.No.682/1997 on the file of Munsiff Court, Kannur. Appellant filed the claim petition based on an assignment deed executed during the pendency of the suit. Learned Munsiff dismissed the application. Though the order was challenged before Sub Court, Thalassery in A.S.98/2002 the appeal was dismissed which is challenged in the second appeal. 2. Notice was ordered before admission. The appeal was being adjourned stating that the parties are settling the dispute. Learned counsel appearing for the appellant and the first respondent decree holder submitted that entire disputes were settled and first Ex.S.A.No.18/2004 2 respondent has already received the amount due under the decree and consequent to the settlement, the execution petition itself was dismissed and in such circumstances, the appeal may be dismissed as infructuous. The appeal is therefore dismissed as infructuous. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006