The High Court of Kerala held that a second appeal is dismissed as withdrawn after the parties settled their dispute outside court by executing a consent deed. An application for the release of deposit proceeds was allowed.
Second appeal dismissed as withdrawn. Application for release of Rs. 10,000 deposit allowed.
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 THOMAS P.JOSEPH
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
RSA.NO. 903 OF 2007 ( )
AS.5/2005 OF PRINCIPAL SUB COURT, ALAPPUZHA OS.170/2000 OF ADDITIONAL MUNSIFF'S COURT, ALAPPUZHA
APPELLANTS/RESPONDENTS/DEFENDANTS:
1. P.M.JAMES, S/O.LATE P.C.MATHEW, TRINCITY VILLA, THIRUMALA WARD, MULLACKAL VILLAGE.
2. BINU, S/O.P.P.JAMES, RESIDING AT DO DO.
BY ADV. SRIR.AZAD BABU
RESPONDENT/APPELLANT/PLAINTIFF:
P.M.JONACHAN, S/O.LATE P.C.MATHEW, PULICKAL HOUSE, THIRUMALA WARD, MULLACKAL VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA. PIN - 682 012.
BY ADV. SRI.P.S.KRISHNA PILLAI BY ADV. SRI.ANILKUMAR K.N.PILLAI (ADV.COMMR.)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 6.6.2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOMAS P.JOSEPH, J.
==================================== R.S.A. No.903 of 2007, I.A. No.2183 of 2011 &
I.A. No.1101 of 2012 ==================================== Dated this the 06th day of June, 2012
J U D G M E N T
This Second Appeal arises from the judgment and decree of the Principal Sub Court, Alappuzha in A.S. No.5 of 2005 reversing the judgment and decree of the Munsiff's Court, Alappuzha in O.S. No.170 of 2000.
R.S.A. No.903 of 2007
-: 2 :-
have settled the dispute outside court and accordingly this appeal could be dismissed as withdrawn.
R.S.A. No.903 of 2007
-: 3 :-
No.1101 of 2012 is not opposed by the learned counsel for appellants.
In the circumstances the second appeal and the applications are disposed of as under:
(i) That parties have settled their dispute and executed a consent deed, a photocopy of which is produced along with I.A. No.2183 of 2011 is recorded.
(ii) Second Appeal is dismissed as withdrawn in view of the settlement parties have reached outside court.
(iii) I.A. No.2183 of 2011 is closed recording the settlement.
(iv) I.A. No.1101 of 2012 is allowed. Petitioner (respondent in the appeal) is permitted to withdraw the sum of Rs.10,000/- (Rupees Ten thousand only) deposited by the Advocate Commissioner in this Court.
All pending Interlocutory Applications will stand dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether the appeal should be dismissed in view of the settlement reached by the parties.
Whether an application for release of deposited amount should be allowed.
P.M.James
Binu
P.M.Jonachan
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
