The court dismissed a regular first appeal and cross appeal based on a mediated settlement where parties agreed to forego all claims against each other in the proceedings.
Appeal and cross objection dismissed; court fees remitted and refunded.
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 MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941
RFA.No.518 OF 2005
AGAINST THE JUDGMENT AND DECREE IN OS No. 24/1999 DATED 20-10-2004 OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/PLAINTIFF:
PUTHIYANDI VALIYANDI SANTHOSH, S/O.KARUNAKARAN, AGED 49 YEARS, CONTRACTOR, RESIDING IN AMBILAD DESOM OF, KUTHUPARAMBA VILLAGE, THALASSERI TALUK, P.O.KUTHUPARAMBA.
BY ADVS.
SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENT/DEFENDANT:
M/S.AMINU AND BROTHER (PVT) LTD., THASLIM PLAZA, NEW BUS STAND, THALASSERI MUNICIPALITY, THIRUVANGAD VILLAGE, P.O.THALASSERI.
R1 BY ADV. SRI.PRATHEESH P. R1 BY ADV. SRI.P.V.MADHAVAN NAMBIAR
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11.12.2019, ALONG WITH CO.14/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.518 OF 2005 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941
CO.No.14 OF 2006 IN RFA. 518/2005
AGAINST THE JUDGMENT AND DECREE IN OS No.24/1999 DATED 20-102004 OF ADDITIONAL SUB COURT, THALASSERY.
CROSS APPELLANT/RESPONDENT/DEFENDANT:
M/S.AMINU & BROTHER (PVT)LTD. THASLIM IN PLAZA, NEW BUS STAND, THALASSERI MUNICIPALITY, THIRUVANGAD VILLAGE, P.O.THALASSERY.
BY ADV. SRI.P.PARATHEESH
CROSS RESPONDENT/APPELLANT/PLAINTIFF:
PUTHIYANDI VALIYANDI SANTHOSH, S/O.KARUNAKARAN, AGED 49 YEARS, CONTRACTOR, RESIDING IN AMBILAD DESOM OF KUTHUPARAMBA VILLAGE, THALASSERI TALUK, P.O.KUTHUPARAMBA.
R1 BY ADV. SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL R1 BY ADV. SRI.K.V.PAVITHRAN
THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD ON 11.12.2019, ALONG WITH RFA.518/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.518 OF 2005 3
JUDGMENT
[ RFA.518/2005, CO.14/2006 ]
Dated this the 11th day of December 2019
The parties to the appeal as well as the cross objection have attended the mediation process as directed by this Court. The Mediator, who has conducted the mediation, filed a Report under Rule 24(2) of Civil Procedure (Alternative Dispute Resolution) Rules 2008, stating that the issues have been mediated and settled. Alongwith the Report , a Memorandum of Settlement incorporating the terms of settlement, signed by both parties and their respective counsel is also made available to this Court. As per the Memorandum of Settlement, the parties have settled their disputes in the following manner ;
“Parties have resolved their conflict in the mediation process and has agreed to forego their claims against each other in the First Appeal and the Cross Objection”.
RFA.No.518 OF 2005 4
objector are entitled to get the court fee remitted by each of them
in the appeal and cross objection, refunded to each of them.
The Memorandum of Settlement shall be appended to the
judgment to form part of it.
Sd/-
MARY JOSEPH
JUDGE
JJ
Puthiyandi Valiyandi Santhosh
M/s Aminu and Brother (Pvt) Ltd.
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
