Poly v. James
Case brief
What is this about?
The High Court at Ernakulam disposed of three first appeals arising from civil suit judgments. The appeals were settled via mediation under Section 89 CPC. The court allowed the settlement terms, ordered refunds of court fees for some appellants, and merged the judgment for the indigent appeal.
What did the court decide?
Appeals disposed of in accordance with the Memorandum of Agreement; court fees refunded for RFA Nos. 170/2016 and 580/2013.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
RFA.No.580 OF 2013
AGAINST THE JUDGMENT AND DECREE IN O.S.No.713/2010
DATED 21-02-2013 OF PRINCIPAL SUB COURT,THRISSUR
APPELLANT/1ST DEFENDANT:
POLY,
AGED 52 YEARS,
S/O.THARAYIL DEVASSY,
CHEMBUKAVU DESOM, VILLAGE, THRISSUR TALUK.
BY ADVS.
SRI.DINESH MATHEW J.MURIKAN
SRI.P.V.BALAKRISHNAN
RESPONDENTS/PLAINTIFF & 2ND DEFENDANT:
1JAMES,
AGED ABOUT 56 YEARS,
S/O.THARAYIL DEVASSY, THARAYIL HOUSE,
CHELAKKOTTUKARA DESOM, CHEMBUKAVU VILLAGE,
THRISSUR TALUK, PIN-680 006.
2JOSE,
AGED ABOUT 38 YEARS,
S/O.THARAYIL DEVASSY, THARAYIL HOUSE,
MUSEUM CROSS ROAD, CHELAKKOTTUKARA DESOM,
CHEMBUKAVU P.O., THRISSUR TALUK, PIN-680 020.
Issues for consideration
3 issues framed by the court
Whether the first appeals should be disposed of in accordance with the terms of the Memorandum of Agreement arrived at during mediation.
Whether the court fees paid in RFA No.170/2016 and RFA No.580/2013 should be refunded to the appellants.
Whether a sentence regarding court fee was necessary to be incorporated in the indigent appeal judgment.
Parties & counsel
- appellant
POLY
- respondent
JAMES
- respondent
JOSE
- appellant
PAULY
Coram
Case details
As recorded by the court registry
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