Regular first appeal filed by the Calicut Corporation challenging a civil judgment. The matter was mediated post-hearing. The court disposed of the appeal by directing that the settlement terms form part of the decree.
The appeal is disposed of directing that the terms of the memorandum of agreement dated 23rd December 2015 form part of the decree.
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 ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
RFA.No. 301 of 2014
AGAINST THE JUDGMENT IN OS 96/2006 of III ADDL.SUB COURT, KOZHIKODE DATED 31-08-2013
APPELLANT/DEFENDANT:
THE CALICUT CORPORATION REP BY ITS SECRETARY, CORPORATION OFFICE CALICUT 32, NAGARAM AMSOM DESOM, KOZHIKODE DISTRICT
BY ADVS.SRI.ABRAHAM VAKKANAL (SR.) SRI.K.D.BABU, SC, KOZHIKODE CORPORATION
RESPONDENT/PLAINTIFF:
E.SURESH BABU, AGED 55 YEARS, S/O.LATE E.KUTTAPPAN, ADITHYA, DOOR NO 27/343 MAVOOR ROAD, KOTTULI AMSOM, PARAYANCHERI DESOM KOZHIKODE TALUK & DISTRICT 673 032.
R. BY ADV. SRI.C.M.ANDREWS (CAVEATOR) R1 BY ADV. SRI.C.M.ANDREWS
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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R.F.A.No.301 of 2014
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Dated this the 8th day of January, 2016
JUDGMENT
Antony Dominic, J.
This appeal is filed by the defendant in O.S.96/06 on the file of the IIIrd Additional Sub Court, Kozhikode challenging the judgment and decree dated 31.8.2013. By order dated, 8.7.2015 the matter was referred for mediation. Accordingly dispute was mediated at the Ernakulam Mediation Centre and the parties have settled the disputes by entering a memorandum of agreement dated 23rd December, 2015.
In view of the settlement thus arrived at, this appeal is disposed of directing that the terms contained in the memorandum of agreement mentioned above will form part of the decree in the appeal. The appellant will be entitled to refund of court fee paid in the appeal.
Sd/-
ANTONY DOMINIC JUDGE
Sd/- A.HARIPRASAD
JUDGE
jes
THE CALICUT CORPORATION REP BY ITS SECRETARY
E.SURESH BABU
ANTONY DOMINIC
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
