The High Court dismissed the second appeal as settled by mediation, allowing the appellant to claim a refund of court fees.
Refund of full court fee paid by the appellant.
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 P.B.SURESH KUMAR
MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937
RSA.No. 429 of 2011 (A)
AGAINST THE JUDGMENT & DECREE IN AS.NO. 95/2007 OF PRINCIPAL SUB COURT, THRISSUR DATED 18-06-2010 AGAINST THE JUDGMENT & DECREE IN OS.NO. 176/1997 OF III ADDL. MUNSIFF COURT, THRISSUR DATED 08-06-2004
APPELLANTS/APPELLANTS/DEFENDANTS :
1. BALAKRISHNAN, AGED 62 YEARS, S/O.THUMBAYIL KUNJU @ KOCHUKUTTAN AVINISSERY VILLAGE, THRISSUR TALUK.
**(DIED, ADDL. APPELLANTS 3 TO 6 IMPLEADED)*
2. SIVARAMAN, AGED 65 YEARS, S/O.THUMBAYIL KUNJU @ KOCHUKUTTAN AVINISSERY VILLAGE, THRISSUR TALUK.
*ADDL. APPELLANTS 3 TO 6 IMPLEADED
-----------------------------------------------------------
*****REPRESENTED BY POWER OF ATTORNEY HOLDER SRI. SANEESH.
...2/-
RSA.No. 429 of 2011 (A) -2-
*LEGAL HEIRS OF DECEASED IST APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 3 TO 6 AS PER THE ORDER DTD. 8/4/14 IN IA 1061/2014.
BY SENIOR ADVOCATE SRI.T.KRISHNAN UNNI
RESPONDENT/RESPONDENT/PLAINTIFF :
KRISHNAN EZHUTHACHAN, AGED 78 YEARS,
S/O.VADAKKE MEPPULLI KUNJU EZHUTHACHAN
AGED 47 YEARS, AVINISSERY VILLAGE P.O.,
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**ADDL.2. THANKAM,
W/O. LATE KRISHNAN EZHUTHACHAN MEPPULLI, AVINISSERY VILLAGE THRISSUR TALUK, PIN – 680 313.
**D/O. LATE KRISHNAN EZHUTHACHAN MEPPULLI, AVINISSERY VILLAGE THRISSUR TALUK, PIN – 680 313. (*DIED, ADDL. RESPONDENTS 8 TO 10 IMPLEADED).
**ADDL.5 MOHANAN S/O.LATE KRISHNAN EZHUTHACHAN MEPPULLI, AVINISSERY VILLAGE THRISSUR TALUK, PIN – 680 313.
**ADDL.6 MURALI S/O.LATE KRISHNAN EZHUTHACHAN MEPPULLI, AVINISSERY VILLAGE THRISSUR TALUK, PIN – 680 313.
...3/-
RSA.No. 429 of 2011 (A) -3-
**ADDL.7 SUSEELA D/O.LATE KRISHNAN EZHUTHACHAN MEPPULLI, AVINISSERY VILLAGE THRISSUR TALUK, PIN – 680 313.
**THE CAUSE TITLE OF THE APPEAL MEMORANDUM IS AMENDED BY ADDING THE WORD “DIED” AGAINST THE NAME OF THE SOLE RESPONDENT AND BY IMPLEADING ADDITIONAL RESPONDENTS 2 TO 7, AS HIS LHR'S, AS PER THE ORDER DTD. 4/8/2011 IN IA NO. 1256/2011.
***ADDL. RESPONDENTS 8 TO 10 IMPLEADED
***ADDL.8 K.K. MOHANAN 62 YRS., H/O. LATE LALITHA KUNNATH HOUSE, MULAMKUNNATHUKAVU P.O., THRISSUR.
***ADDL.10 K.M. AJEESH 25 YRS., S/O. LATE LALITHA -DO- -DO-
***LEGAL HEIRS OF DECEASED ADDITIONAL 4TH RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 8 TO 10 AS PER THE ORDER DATED 18.9.2015 IN IA NO. 2284/2015.
****SRI. SANEESH, S/O. SRI. T.K. BALAKRISHNAN, RESIDING AT THUMBAYIL, AVINISSERY, TRICHUR IS RECORDED AS POWER OF ATTORNEY HOLDER OF APPELLANT NO. 5 AS PER ORDER DT. 14.9.15 IN MEMO DT. 11.9.2015 VIDE CF 5345/2015.
*ADDL.R2 TO R5 & R7, ADDL. R8 TO R10 BY ADV. SRI.D.ANIL KUMAR*
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
P.B.SURESH KUMAR, J.
R.S.A.No.429 of 2011
Dated this the 9th day of November, 2015
JUDGMENT
The learned counsel for the parties submitted that the matter has been settled by recourse to mediation. In the light of the submission made by the learned counsel for the parties, the second appeal is dismissed as settled out of court. In so far as matter has been settled by recourse to mediation, the appellant is entitled to refund of the full court fee paid on the Memorandum of Appeal as provided for under Section 69(a) of the Kerala Court Fees and Suit Valuation Act.
P.B.SURESH KUMAR, JUDGE.
smm
1 provisions across 1 enactments
Balakrishnan
Krishnan Ezhuthachan
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
