IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 RFA.NO. 158 OF 2009() --------------------- OS.1103/1994 OF PRL.SUB COURT, IRINJALAKUDA .................... APPELLANTS - DEFENDANTS 1 TO 4: --------------------------------- 1. CHANDRASEKHARAN, AGED 50, S/O.RAMAN ADIPARAMBIL, OONACHAMMAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. 2. SIVADAS BABU, S/O.RAMAN ADIPARAMBIL, OONACHAMMAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. 3. SUMATHI, D/O.RAMAN ADIPARAMBIL, OONCHAMMAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. 4. SHOBANA, D/O.RAMAN ADIPARAMBIL, OONACHAMMAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENTS - PLAINTIFF AND DEFENDANTS 5 TO 6: ------------------------------------------------- 1. RAMU @ RAMAN S/O.ADIPARAMBIL KUNJAPPI, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK, NOW RESIDING AT VEDAVATTI ROAD, CHINNAKOVIL VEETHIYIL, C-8 COIMBATHORE. 2. SIVASANKARAN, S/O.PARAPARAMBIL SANKARAN, POOVATHUMKADAVU DESOM, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. 3. SAMSUDDIN, S/O.MOHAMMED, PAMBINEZATH HOUSE, PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK. ADV. SRI.P.M.MOHAMMED SHIRAZ FOR R1 SMT.G.R.MANJU FOR R1 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A. NO. 158 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of November, 2009 J U D G M E N T ---------------------- Heard counsel for appellants and respondent No.1. 2. Regular First Appeal is preferred against judgment and decree of learned Principal Sub Judge, Irinjalakuda in O.S. No.1103 of 1994 to the extent it related to award of mesne profits and interest thereon payable by the appellants/defendant Nos.1 to 4. Learned counsel for appellants also submitted that challenge in this appeal is only to the extent of the decree awarding mesne profits and interest against the appellants. Learned counsel for respondent No.1/plaintiff, Advocate Shri Mohammed Shiraz submitted that respondent No.1 is aged 92 years and to put an end to the litigation he is willing to forgo his claim for mesne profits and interest against appellants/defendant Nos.1 to 4. Learned counsel submitted that since respondent No.1 is aged 92 years he is unable to come to the court and file a statement to that effect. Learned counsel submitted on behalf of respondent No.1/plaintiff that the claim for mesne profits and interest to the extent it concerned appellants/defendant Nos.1 to 4 is given up by respondent No.1/plaintiff. That submission is recorded. R.F.A. NO.158 of 2009 -: 2 :- Resultantly, appeal is allowed and the judgment and decree of the courts below are modified to the extent that direction for payment of mesne profits and interest by the appellants/defendant Nos.1 to 4 to respondent No.1/plaintiff is set aside. Amount if any, deposited by appellants/defendant Nos.1 to 4 in the trial court can be withdrawn by them on application. Interlocutory Application No.903 of 2009 shall stand dismissed. THOMAS P.JOSEPH, JUDGE. vsv R.F.A. NO.158 of 2009 -: 3 :- THOMAS P.JOSEPH, J. =================== R.F.A. NO.158 OF 2009 =================== J U D G M E N T 10TH NOVEMBER, 2009