The High Court of Kerala dismissed a first appeal and the accompanying Condono application as infructuous, holding that the underlying suit had been disposed of pursuant to a settlement agreement entered into between the parties.
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.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2017/23RD SRAVANA, 1939
FAO.No. 310 of 2012 () -----------------------
AGAINST ORDER IN I.A.1931/2009 DATED 10.04.2012 IN O.S.NO.204/2008 BY THE SUB COURT, CHERTHALA
APPELLANT/PETITIONER/PLAINTIFF:
SEBASTIAN JOHN, AGED 60 YEARS, S/O.DEVASIA JOHN, PARK VIEW BUNGALOW, MARUTHORVATTOM P.O., KOKKOTHAMANGALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.RAMANATHAN
RESPONDENTS/COUNTER PETITIONERS/DEFENDANTS:
1. JACOB JOHN S/O.DEVASIA JOHN, KURAVAMVELI, BEHIND ASWATHY PETROLEUM AGENCY, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688524.
2. THANKAMMA JOHN W/O.DEVASIA JOHN, KURAVAMVELI, BEHIND ASWATHY PETROLEUM AGENCY, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688524.
3. SUSY SEBASTIAN W/O.SEBASTIAN K.JOSEPH, FLAT NO.84, WEST GATE, TERRACE, PANDIT KARUPPAN ROAD, THEVARA, KOCHI, ERNAKULAM DISTRICT-682013.
4. ELSAMMA JOSEPH W/O.JOHN P.JOSEPH, 103, REEM RESIDENCY, P.O.BOX NO.27282, KARAMA CENTRE, DUBAI, UAE.
5. ALICE MATHEW W/O.V.G.MATHEW, FLAT NO.22, AKSHAYA APARTMENTS, SBI EXECUTIVE QUARTERS, 45, VIVIANI ROAD, BANGALORE.
R1,R2 BY ADV. SRI.C.N.SREEKUMAR R3 BY ADV. SRI.RAM MOHAN.G. R3 BY ADV. SRI.G.P.SHINOD R3 BY ADV. SRI.MANU V.
THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 14-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kp
P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ
F.A.O.No. 310 of 2012
&
C.M.Appln.No.874 of 2012
JUDGMENT
P.N. RAVINDRAN, J.
This appeal arises from the order passed by the Court of the Subordinate Judge of Cherthala on 10.04.2012 on I.A.No.1931 of 2009 in O.S.No. 204 of 2008. By the said order, the court below dismissed the application filed by the appellant/plaintiff for the appointment of a receiver to administer and manage the business of a partnership firm. This appeal was filed with a delay of 59 days. When C.M.Appln.No.874 of 2012, the application to condone the delay in filing the appeal came up for consideration before this court on 11.8.2017, we directed the Registry to ascertain from the Court of the Subordinate Judge of Cherthala as to whether O.S.No.204 of 2008 is still pending or it has been disposed of. Pursuant thereto, the Registry called for a report from the Sub Court, Cherthala.
F.A.O.No. 310 of 2012 & C.M.Appln.No.874 of 2012 -2-
171 and 204 of 2008 have been settled by recourse to mediation and a settlement agreement dated 5.8.2017 has been entered into between the parties. The Presiding Officer has also reported that though the suit was posted on 11.08.2017 as he was on casual leave, the suit has been adjourned to 14.8.2017, and the suit will be disposed of today. Registry has after verification informed us that the three suits referred to above have been disposed of today in the light of the settlement agreement entered into between the parties.
In such circumstances, we are of the opinion that nothing survives for consideration in this appeal which arises from of O.S.No.204 of 2008. The appeal and the application to condone the delay in filing the appeal are accordingly dismissed as infructuous.
Sd/-
P.N. RAVINDRAN, JUDGE
sd/-
DEVAN RAMACHANDRAN, JUDGE
kp
Sebastian John
Jacob John
Thankamma John
Susy Sebastian
Elsamma Joseph
Alice Mathew
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
