The court dismissed the appeal as the parties had settled their matters out of court, but ordered a refund of court fees and deposited amounts following the Madras HC Supreme Court case.
Appeal dismissed; full court fee refunded; Rs.2,70,00/- in deposit returned to appellants.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
RFA.No.566 OF 2006
AGAINST THE JUDGMENT IN O.S.NO.40 OF 2004 DATED 30-07-2005 OF SUB COURT, PAYYANNUR
APPELLANTS/DEFENDANTS 2&3:
D/O K.C.JOSEPH, DO....DO....
7 VINOYI, S/O K.C.JOSEPH, DO....DO.... (APPELLANTS 3 TO 7 ARE REPRESENTED BY P/A HOLDER, A3 CHACKO JOSEPH, S/O K.C.JOSEPH, KALLAKAVUMKAL HOUSE, ALALKODE)
*** THE LEGAL HEIRS OF THE DECEASED 1ST APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 3 TO 7 AND IT IS ALSO RECORDED THAT THE 2ND APPELLANT IS ONE OF HIS LEGAL HEIRS, VIDE ORDER DATED 3.3.17 IN I.A 1358/09**
BY ADVS. SRI.SUBHASH CYRIAC
RFA.No.566 OF 2006 2
RESPONDENTS/PLAINTIFF AND 1ST DEFENDANT:
1 FEDERAL BANK LTD HO. ALUVA BY ITS THALIPARAMBA BRANCH REPRESENTED BY CHIEF MANAGER.
2 K.C. JACOB, KALLAKAVUNKAL HOUSE, ALALKODE DESOM.
R1 BY ADV. SRI.MATHEW JACOB (KUNNATHU) R1 BY ADV. SRI.K.MADHUSOODANAN R1 BY ADV. SRI.T.G.PAUL R1 BY ADV. SRI.SYRIAC JOSEPH R2 BY ADV. SMT.T.T.JAYANTHY
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.566 OF 2006 3
JUDGMENT
Dated this the 17th day of March, 2021
It is submitted by the parties that the issues among them have been settled out of court and therefore the appeal is not intended to be pursued with.
In the above circumstances, the appeal stands dismissed. On the basis of judgment of the Apex Court in High Court of Judicature at Madras rep. by its Registrar General v. M.C.Subramaniam and Others [2021 (2) KHC 62 (SC)] , entire court fee paid in the appeal is ordered to be refunded to the appellants. Rs.2,70,000/- stands in deposit at the trial court as per direction of this Court while staying the impugned judgment shall be returned to the appellants.
Sd/-
MARY JOSEPH
JUDGE
NAB
1 issue framed by the court
Whether the appeal should be dismissed when the matter has been settled out of court?
Colour shows how this judgement treated each authority
High Court of Judicature at Madras rep. by its Registrar General v. M.C.Subramaniam and OthersApplied¶29
High Court of Judicature at Madras rep. by its Registrar General v. M.C.Subramaniam and Others [2021 (2) KHC 62 (SC)]
1 K.C.JOSEPH ORS.
FEDERAL BANK LTD AND ANR.
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
MARY JOSEPH
Parties & counsel
