This appeal challenging a civil decree was disposed of. During pendency, the parties mediated and mutually settled the entire dispute via a memorandum dated 29.02.2016. The Court incorporated these terms into the decree and allowed the refund of court fees.
Settlement terms incorporated into decree; appeal disposed of; court fee refund directed.
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
WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
RFA.No. 376 of 2007 ( )
-----------------------AGAINST THE ORDER/JUDGMENT IN OS 140/2001 of PRINCIPAL SUB COURT,ERNAKULAM DATED 29-11-2006
APPELLANT(S)/DEFENDANT::
S. DEVAN, CINE ARTIST, NO.IV, 6TH CROSS STREET LAKE AREA, NAGAMBAKKOM.
BY ADV. SRI.P.VISWANATHAN
RESPONDENT(S)/PLAINTIFF::
C. KRISHA MENON ALIAS C.K.MENON, PROPRIETOR, SOWPARNIKA MOVIES, SADANAM ROAD ERNAKULAM, RESIDING AT "SOWPARNIKA", RAVIPURAM ROAD VALANJAMBALAM, ERNAKULAM. REPRESENTED BY POWER OF ATTORNEY HOLDER ADV.ABDUL SAMAD K.H., AGED 48 YEARS, ADVOCATE S/O.HAIDER HAJI, KALLIPARAMBIL HOUSE, OPP.COURT COMPLEX, CHAVAKKAD POST, THRISSUR DISTRICT, KERALA, INDIA.
(REPRESENTATION OF POWER OF ATTORNEY IS RECORDED VIDE ORDER DTD 16.3.2016 IN THE APPEAL)
R,R1 BY ADV. SRI.K.RAMAKUMAR (SR.)
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A. HARIPRASAD, JJ. ----------------------------------R.F.A.No.376 of 2007
----------------------------------Dated this the 16th day of March, 2016
JUDGMENT
Antony Dominic, J.
This appeal is filed by the defendant in O.S.140/01 on the file of the Sub Court, Ernakulam challenging the judgment and decree dated 29.11.2006. During the pendency of the appeal, this Court, by order dated 8.2.2006, referred the matter for mediation. Accordingly, the dispute was mediated and the parties have entered into a memorandum of agreement dated 29.02.2016 settling the entire disputes. In view of the settlement thus arrived at, this appeal is disposed of directing that the terms of the settlement as incorporated in the memorandum of agreement dated 29.2.2016 will form part of the decree in this appeal. The appellant will be entitled to refund of the court fee paid in the appeal.
kkb.
/True copy/
S. DEVAN
C. KRISHA MENON ALIAS C.K.MENON
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
