This judgment disposes of two Regular First Appeals based on a memorandum of agreement on mediation entered into by the parties. The appeals are allowed, and the court fee is refunded.
Regular First Appeals allowed; court fee refunded to appellants.
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 V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939
RFA.No. 264 of 2009 ( ) ------------------------
AGAINST THE JUDGMENT AND DECREE IN OS.48/2003 of ADDL.SUB COURT,KOTTAYAM DATED 27-08-2008
APPELLANTS/DEFENDANTS IN THE SUIT:
1. SWAMI VIVEKANANDA MEDICAL MISSION REG.NO.101/1981, HAVING ITS OFFICE AT VIVEKANANDA NAGAR, MUTTIL, SOUTH WYNAD
*** REPRESENTED BY ITS SECRETARY.**
2. SWAMI VIVEKANANDA TRUST, VAIKOM SATHYAGRAHA MEMORIAL HOSPITAL, VAIKOM ** REPRESENTED BY ITS ADMINISTRATOR.
BY ADVS.SRI.R.D.SHENOY (SR.) SRI.S.VINOD BHAT
*** IT IS RECORDED THAT SRI.SANKARAN, S/O KUNHIKRISHNAN IS REPRESENTING THE MISSION (1ST APPELLANT) IN THE PLACE OF 'SECRETARY' VIDE ORDER DATED 05.04.2017 IN I.A No.811/2017.**
**** IT IS RECORDED THAT SRI.SOMASEKHARAN T.K, S/O KESAVAKARANAVAR IS REPRESENTING THE TRUST(2ND APPELLANT) IN THE PLACE OF THE ADMINISTRATOR VIDE ORDER DATED 05.04.2017 IN I.A No.812/2017.**
RESPONDENTS/PLAINTIFF IN THE SUIT:
-------------------------------------
BAHULEYAN CHARITABLE FOUNDATION INDO-AMERICAN HOSPITAL, BRAIN & SPINE CENTRE BUILDING NO.VIII/287 (A), CHAMMANAKARY, VAIKOM REPRESENTED BY ITS ATTORNEY SRI.V.SADASIVAN RETD.MUNICIPAL COMMISSIONER, RESIDING AT ANANDABHAVANAM, AKKARAPPADAM P.O, VAIKOM.
R1 BY ADV. SRI.K.P.SREEKUMAR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05-04-2017 ALONG WITH R.F.A NO.750/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.Chitambaresh & Sathish Ninan, JJ. ============================== R.F.A Nos.264 of 2009 & 750 of 2013
========================== Dated this the 05th day of April, 2017
JUDGMENT
Chitambaresh, J
The parties have entered into a memorandum of agreement on mediation. The terms thereof will form part of this judgment. The Regular First Appeals are disposed of accordingly. The court fee paid on the two Regular First Appeals shall be refunded to the appellants.
Sd/- V.Chitambaresh, Judge
Sd/- Sathish Ninan, Judge
vdv
//true copy//
P.A to Judge
SWAMI VIVEKANANDA MEDICAL MISSION
SWAMI VIVEKANANDA TRUST
BAHULEYAN CHARITABLE FOUNDATION INDO-AMERICAN HOSPITAL
V. CHITAMBARESH
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
