Appellant contends dispute settled by Adalath without award. Court closes second appeal upon compromise with provision to restore if settlement proves incomplete.
Second appeal closed; restoration permitted if unsettled within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932
SA.No. 167 of 2000(C)
--------------------AS.1/1998 of DISTRICT COURT, LAKSHADWEEP OS.18/1992 of MUNSIFF COURT, AMINI
APPELLANT(S): RESPONDENTS IN THE LOWER APPELLATE COURT/ DEFENDANTS IN SUIT
BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.P.B.KRISHNAN
RESPONDENT(S): APPELLANTS/PLAINTIFFS
ADV. SRI.P.V.MOHANAN
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN, J.
S.A.No.167 of 2000
Dated this the 15th day of March, 2011
JUDGMENT
It is submitted by the learned counsel for the appellants
that the disputes between the parties have been settled before the Adalath. A compromise petition was filed before the Adalath. However, it is submitted that no award has been passed by the Adalath.
In view of the compromise between the parties, the Second Appeal is closed. If it turns out that the matter is not finally settled, the appellants would be entitled to file a memo to that effect within a period of three months, in which case the Second Appeal shall stand restored.
K.T.SANKARAN
JUDGE
csl
Shaik & Ors.
Melachetta Mohammed Koya & Ors.
K.T. Sankaran
As recorded by the court registry
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