Allowed

Sundaramony v. Thulasi Das

Kerala HC24 Jul 2012RSA/178/2008

Case brief

AI extract

What is this about?

This regular second appeal arising from a civil suit involving damages was disposed of after parties filed an application for settlement. The court accepted the compromise where the appellant paid a sum to the respondent, set aside the lower court judgments, and dismissed the suit.

What did the court decide?

Settlement accepted; impugned judgment and decree set aside; suit dismissed without costs; interlocutory applications dismissed.

Sundaramony Vs Thulasi Das — Contract and Commercial Disputes | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

¶4

TUESDAY, THE 24TH DAY OF JULY 2012/2ND SRAVANA 1934

¶5

RSA.No. 178 of 2008 ( )

¶6

AS.180/2002 of SUB COURT,NEYYATTINKARA OS.751/1998 of PRINCIPAL MUNSIFF COURT,NEYYATTINKARA

¶7

APPELLANT(S)/APPELLANTS/DEFENDANTS:

¶8

SUNDARAMONY, AGED 60,

¶9

S/O.RAJAPPAN, RETIRED HEAD MASTER, SUJA BHAVAN VADUVOORKONAM, AYIRAYIL DESOM, KARODE VILLAGE.

¶10

PALAYYAN, AGED 65, S/O.DASAYYAN, PRASAD BHAVAN, KUNNIYODE, KARODE DESOM, KARODE VILLAGE.

¶11

BY ADVS.SRI.R.T.PRADEEP

¶12

SRI.V.VIJULAL

¶13

RESPONDENT(S)/RESPONDENTS/PLAINTIFF:

¶14

THULASI DAS

¶15

`SUSEELDHARA', ANJALIKKONAM, PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE.

¶16

BY ADV. SRI.P.GOPALAKRISHNAN NAIR

¶17

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

THOMAS P. JOSEPH, J.

¶19

-------------------------------------R.S.A. No.178 of 2008 & I.A.No.1853 of 2012 -------------------------------------Dated this the 24^th day of July, 2012. JUDGMENT

¶20

This Second Appeal arises from the judgment and decree of learned Sub Judge, Neyyattinkara in A.S.No.180 of 2002 which in turn arose from the judgment and decree of learned Principal Munsiff, Neyyattinkara in O.S.No.751 of 1998. As per the impugned decree the appellants are made liable to pay damages to the respondents.

¶21

Parties have settled the disputed and filed I.A.No.1853 of 2012 reporting that settlement.

¶22

Learned counsel on both sides requested that the compromise may be recorded and the suit may be dismissed.

¶23

I have gone through I.A.No.1853 of 2012. In the said application, it is stated that the 1^st appellant has paid `1,00,000/- (Rupees one lakh only) to the respondent who has received the said amount in full and final settlement of the subject matter of the appeal and that respondent does not have any surviving grievance against the appellants. It is also stated that respondent has no objection in setting aside the impugned judgment and decree. Appellants have requested that they may be allowed to release the security documents produced in the trial court pursuant to the order of stay granted by this Court.

¶24

¶25

RSA No.178/2008 & IA No.1853/2012

¶26

Having heard the learned counsel on both sides and gone through I.A.No.1853 of 2012, I am inclined to accept the settlement. In view of the settlement, appellants are allowed to get release of the documents they have produced in the trial court as security. They may move appropriate application in the trial court for the said purpose.

¶27

Resultantly, this Second Appeal is allowed as under:

¶28

i. The compromise vide I.A.No.1853 of 2012 is accepted and

¶29

recorded.

¶30

ii. In terms of the compromise, the judgment and decree of the learned Sub Judge, Neyyattinkaa in A.S. No.180 of 2002 and of learned Principal Munsiff, Neyyattinkara in O.S.No.751 of 1998 are set aside.

¶31

iii. O.S.No.751 of 1998 of the court of learned Principal

¶32

Munsiff, Neyyattinkara will stand dismissed without any order as to costs.

¶33

All pending interlocutory applications will stand dismissed.

¶34

THOMAS P.JOSEPH, Judge.

¶35

cks

Sundaramony v. Thulasi Das

Case brief

What is this about?

What did the court decide?

Sundaramony v. Thulasi Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Sivakumar Vs R. Devamony

M.U. Sunny Vs M. Mani

Damodara Karnavar Vs Sivarama Karnavar

A.J.Shabu Vs Jameskutty Jacob

Mathew Joseph Vs Jessy

Mariamma John Vs Baby George