First appeal dismissed as withdrawn. Appellant, the Secretary of Sholayur Grama Panchayath, had filed appeals to set aside an ex-parte decree. Counsel submitted that an out-of-court settlement has been reached, leaving no subsisting grievance.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN &
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF NOVEMBER 2017/12TH KARTHIKA, 1939
FAO.No. 176 of 2017
I.A.NOS. 3813/2016 AND 3814/2016 IN O.S.NO. 736/2010 OF THE PRINCIPAL SUB COURT, PALAKKAD DATED 23.08.2017
APPELLANT(S)/PETITIONER/3RD DEFENDANT :
THE SECRETARY, SHOLAYUR GRAMA PANCHAYATH, SHOLAYUR POST, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN 678 581.
BY ADVS. SRI.R.SREEHARI SRI.SACHIN VYAS
RESPONDENT(S)/RESPONDENT & DEFENDANTS 1 & 2/PLAINTIFF AND DEFENDANTS 1 AND 2 :
1. M/S. PENTATECH SYSTEM, BY PROPRIETOR GEETHANANDAN 57 YEARS, S/O. N.P GOPALANKUTTY NAMBIYAR, KORANATH VEEDU, THANUR AMSOM AND POST, PALAKKAD TALUK AND DISTRICT 678 616.
*** 2. SECRETARY, SCHEME LEVEL EXECUTIVE COMMITTEE, ANAKKATTY, KOTTATHARA, MATTATHUKADU, SHOLAYUR POST, MANNARKKAD TALUK, PALAKKAD DISTRICT 678 581.(DELTED).**
*** 3. THE PROJECT MANAGER, JALANIDHI,DI STREET PROJECT MANAGEMENT UNIT, 19/456, 2ND FLOOR, LUCIYA TOWER, BY PASS JUNCTION CALICUT ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT PIN 679 322.(DELETED)**
*** R2 AND R3 DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 03.11.2017 IN I.A.NO. 919 OF 2017.**
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 03-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ
JUDGMENT
P.N. RAVINDRAN, J.
This appeal arises from the orders passed by the Court of the Subordinate Judge of Palakkad on 23.08.2017, dismissing I.A.Nos.3813 and 3814 of 2016 in O.S.No.736 of 2010. I.A.No.3814 of 2016 is an application filed by the appellant to have the ex-parte decree passed in the suit set aside, after condoning the delay of 729 days in filing the same. The appellant is the third defendant therein.
When the appeal came up for consideration today, learned counsel appearing for the appellant submitted that the appellant has come to an out of court settlement with the plaintiff and therefore, the appellant has no subsisting grievance. Learned counsel submitted that in such circumstances, this appeal may be dismissed as withdrawn.
In the light of the said submission, the instant appeal is dismissed as withdrawn. Registry to communicate a copy of this order to the court below.
Sd/-
P.N. RAVINDRAN, JUDGE
sd/-
DEVAN RAMACHANDRAN, JUDGE
kp
The Secretary, Sholayur Grama Panchayath
M/s. Pentatech System
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
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