The High Court dismissed an I.A. arising from a regular first appeal regarding a suit for realisation of money. The parties had compromised and the defendants paid the plaintiff 5 lakhs, settling all claims. The attachment was raised and court fee refunded.
Attachment order raised; court fee refunded; I.A. dismissed; matter disposed of.
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 M.N.KRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932
RFA.No. 599 of 2007()
--------------------------OS.370/2005 of PRINCIPAL SUB COURT,ERNAKULAM
APPELLANT/PLAINTIFF
----------------------------
C.P.VINEETHAN, AGED 45, S/O. PADMANABHAN, PULLIKKAL HOUSE, BEENA, ANJUMANA ROAD, PADIVATTOM, KOCHI-24.
BY ADVS. SRI.B.RAMACHANDRAN
SMT.JOLIMA GEORGE SMT.P.N.INDU
RESPONDENT(S): DEFENDANTS
-------------------------------------
1. M.V.JOSEPH, AGED 45, S/O. MEKKARA VARGHESE, MEKKARA HOUSE, PALARIVATTOM P.O., KOCHI-682 025 AND DOING BUSINESS UNDER THE NAME AND STYLE 'PCM AGENCIES', ROOM NO.3,USHA BUILDING, N.H.BYEPASS, VENNALA P.O., KOCHI-682 028.
2. P.T.JOSEPH, AGED 46, S/O. PALAKKAPILLY THOMAS, PALAKKAPPILLY HOUSE, VENNALA P.O., KOCHI-682 028 AND DOING BUSINESS UNDER THE NAME AND STYLE 'PCM AGENCIES', ROOM NO.3, USHA BUILDING, N.H.BYEPASS, VENNALA P.O., KOCHI-682 028.
R1, 2 BY ADV. SRI.N.C.JOSEPH
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
ORDER ON I.A. NO.4333/2007 & I.A. NO.11/2008
IN
R.F.A. NO. 599/2007
DISMISSED
14/01/2011
SD/- M.N.KRISHNAN, JUDGE
SD/- P.S.GOPINATHAN, JUDGE
/TRUE COPY/
P.A. TO JUDGE
svs
M.N. KRISHNAN & P.S. GOPINATHAN, JJ.
R.F.A.NO.599 OF 2007
Dated this the 14th day of January, 2011.
J U D G M E N T
Krishnan, J:
The suit is one for realiasation of money and the trial court has dismissed the suit. It is against the same, the plaintiff has come up in appeal. By virtue of the compromise recorded in I.A.No.109/2011, the parties have compromised the matter and the defendants have paid to the plaintiff an amount of ` 5 lakhs in full and final settlement of all the claims.
In the light of payment of the entire amount, the claim stands settled. The attachment which is in force is raised and the Registry is directed to inform the concerned Sub Registrar about the same. Refund of the court fee is allowed. Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
P.S. GOPINATHAN, JUDGE.
cl
: 2 :
: 3 :
M.N. KRISHNAN, & P.S. GOPINATHAN, JJ.
........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 5th January, 2011.
J U D G M E N T/O R D E R
1 issue framed by the court
Whether the appeal needs to be decided upon payment of the compromise amount.
1 provisions across 1 enactments
C.P. Vineethan
M.V. Joseph
P.T. Joseph
M.N. Krishnan
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
