A regular first appeal was heard by the High Court of Kerala on 25.08.2017. The Court dismissed the appeal as the Appellant filed a memo indicating an out-of-court settlement and voluntarily withdrawing the appeal.
Withdrawal of appeal allowed and appeal dismissed.
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
FRIDAY, THE 25TH DAY OF AUGUST 2017/3RD BHADRA, 1939
RFA.No. 602 of 2012 ()
AGAINST THE JUDGMENT IN OS 405/2009 of PRL.SUB COURT,KOTTAYAM DATED 28-09-2011
APPELLANT(S)/PLAINTIFF:
KARAPPARA INVESTMENTS (CHITTY FUND) A PARTNERSHIP FIRM WITH REGISTERED OFFICE AT CHIRAYIL ENTERPRISES BUILDING, N.H.5, GANDHARAPUR MUNICIPALITY, GANDHARAPUR P.O., CUTTACK DISTRICT, ORISSA AND ADMINISTRATIVE OFFICE AT KARAPPARA BUILDING, VAKATHANAM P.O., VAKATHANAM KARA, VAKATHANAM VILLAGE, CHANGANACHERRY TALUK, REPRESENTED BY PARTNER IPEKUTTY THOMAS, AGED 57 YEARS S/O.THOMAS, KARAPPARA VETTIYIL, VAKATHANAM VILLAGE, VAKATHANAM KARA, CHANGANACHERRY TALUK
BY ADVS.SRI.G.S.REGHUNATH
SRI.K.RAJESH KANNAN SRI.A.S.SHAMMY RAJ SRI.P.SHANES
RESPONDENTS/DEFENDANTS:
1. SABU CHERIAN, AGED 49 YEARS, S/O.CHERIAN, KADAMTHODU HOUSE, VATTAPPALLY P.O., PERUNNA, CHANGANACHERRY KARA, PUZHAVATHU VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM-686024
2. RENY SABU, AGED 44 YEARS, W/O.SBU CHERIAN, KADAMTHODU HOUSE, VATTAPPALLY P.O., PERUNNA, CHANGANACHERRY KARA, PUZHAVATHU VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM-686024
BY ADV. SMT.ARYA VIVEK
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25-082017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
kp
P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ
Dated this the 25th day of August, 2017
JUDGMENT
P.N. RAVINDRAN, J.
This appeal arises from the decree and judgment passed by the Court of the Principal Subordinate Judge of Kottayam on 28.09.2011 in O.S.No.405 of 2009. The appellant is the plaintiff therein. Learned counsel for the appellant has filed a memo dated 17.8.2017 which reads as follows:
“It is humbly submitted that the matter pending before this Hon'ble Court is amicably settled between the parties in an out of Court settlement. In the said circumstances, it is humbly prayed that this Hon'ble Court may be pleased to allow the Appeal to be withdrawn and refund the Court Fees paid.”
In the light of the said memo dated 17.08.2017, the instant appeal is dismissed as withdrawn. A copy of the memo shall be appended to this judgment. Registry shall communicate this judgment to the court below for incorporation in the records.
Sd/- P.N. RAVINDRAN, JUDGE
sd/DEVAN RAMACHANDRAN, JUDGE
kp
KARAPPARA INVESTMENTS (CHITTY FUND) A PARTNERSHIP FIRM
SABU CHERIAN
RENy SABU
P.N. RAVINDRAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
