Allowed

Surendranath v. Sankaranarayanan

Kerala HC20 Jun 2012RSA/866/2004

Case brief

AI extract

What is this about?

In a regular second appeal regarding a dispute between appellant Surendranath and respondent Sankaranayanan, the court allowed the appeal and disposed of the matter based on a settlement agreement executed on 08.05.2012.

What did the court decide?

Set aside judgment and decree of lower courts; pass a decree in terms of the settlement agreement dated 08.05.2012; agreement to form part of the decree.

Surendranath Vs Sankaranarayanan — Contract and Commercial Disputes | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934

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RSA.No. 866 of 2004 ( ) ----------------------AS.262/1999 of III ADDL. DISTRICT COURT(ADHOC) FAST TRACK NO.I, THRISSUR OS.59/1997 of III ADDL. MUNSIFF COURT,THRISSUR

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APPELLANT/RESPONDENT/DEFENDANT:

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SURENDRANATH, VALLACHIRA VILLAGE, KADASSERY DESOM, THRISSUR TALUK REPRESENTED BY POWER OF ATTORNEY HOLDER MRS.LATHA SURENDRANATH. BY ADVS.SRI.GOVINDH K.BHARATHAN (SR.) SRI.MANU MOHAN SRI.C.P.KUNJHIKANNAN

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RESPONDENT/APPELLANT/PLAINTIFF:

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SANKARANARAYANAN, S/O.KOTTAKKAL VEEDU, THOTTIPPAL VILLAGE DESOM, MUKUNDAPURAM TALUK.

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BY ADV. SRI.K.G.BALASUBRAMANIAN

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOMAS P. JOSEPH, J.

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R.S.A.No.866 of 2004

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Dated this 20^th day of June, 2012

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JUDGMENT

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This appeal arises from the judgment and decree of learned third Additional District Judge (Adhoc), Fast Track-I, Thrissur in A.S.No.262 of 1999 reversing the judgment and decree of learned third Additional Munsiff, Thrissur in O.S.No.59 of 1997.

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Learned counsel on both sides have filed a memo of settlement dated 21.05.2012 reporting that as per the agreement parties have entered on 08.05.2012 and appended to the memo, the dispute between them is settled.

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Learned counsel requested that a decree may be passed in terms of the settlement.

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Having regard to the agreement I am inclined to allow the request.

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Resultantly this second appeal is disposed of as under:

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(i) Judgment and decree of learned third Additional District Judge (Adhoc), Fast Track-I, Thrissur in A.S.No.262 of 1999 and of learned third Additional Munsiff, Thrissur in O.S.No.59 of 1997 are set aside.

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R.S.A.No.866 of 2004

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-: 2 :-

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(ii) A decree is passed in terms of the agreement dated 08.05.2012 executed between the parties.

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(iii) The agreement dated 08.05.2012 shall form part of the decree of this Court.

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(THOMAS P. JOSEPH, JUDGE)

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Sbna/-

Surendranath v. Sankaranarayanan

Case brief

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Surendranath v. Sankaranarayanan

Case brief

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