Appellant appealed against a money decree awarding recovery to the respondent. The appeal was closed after appellant's counsel produced evidence that the entire decree amount along with interest and costs had been paid, leading to the dismissal of the cross-motion.
[None.Legal proceedings terminated by closure of appeal following payment.]
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929
AS.No. 193 of 1993(D)
--------------------OS.334/1988 of SUBORDINATE COURT,THRISSUR
APPELLANT: 1ST DEFENDANT:
K.PRABHAKARAN, S/O.K.VELAYUDHAN,
USHA BUILDINGS, EAST NADA,
GURUVAYOOR, THRISSUR.
BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.P.N.RAVINDRAN
RESPONDENTS:
REPRESENTED BY M.S.RAMASWAMY S/O. LATE K.SREENIVASAN, THRISSUR.
BY ADV. SRI.V.R.VENKATAKRISHNAN
SRI.N.C.JOSEPH
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 03/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.PADMANABHAN NAIR, J.
A.S.No. 193 of 1993
Dated this the 3rd July, 2007.
J U D G M E N T
This appeal is filed against a money decree passed by the court below, by which it allowed the first respondent to recover an amount of Rs.42,429.50, with proportionate cost and future interest at the rate of 6% per annum. It is submitted by the learned counsel for the appellant that the entire amount due under the decree has been paid. It is seen that on 23.7.2001, respondent's counsel had received an amount of Rs.70,000/=. It is submitted by the learned counsel for the appellant that the decree amount with interest and cost as on 23.7.2001 will come to Rs.70,000/=. Since the entire amount has been paid, it is submitted that the appeal may be closed.
counsel, this appeal is closed.
C.M.P.No.377/1999 in A.S.No.193/1993 is dismissed.
K.PADMANABHAN NAIR, JUDGE
nj.
K.PADMANABHAN NAIR, J.
A.S.No. 193 of 1993
J U D G M E N T
Dated: 3rd July, 2007.
1 issue framed by the court
Whether an appeal filed against a money decree should be closed upon proof of full payment of the decree amount including interest and costs.
K. Prabhakaran
M/s. Sundaram Finance Limited
K. Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
