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Benny Mathew Vs Chandy — Civil Procedure and Limitation | Kerala HC (2021)

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Kerala HC
2021
Benny Mathew Vs ChandyBenny Mathew v. Chandy

Dismissed

Benny Mathew v. Chandy

Kerala HC6 Aug 2021RFA/624/2011

Case brief

AI extract

What is this about?

Court dismissed the appeal as not pressed due to out-of-court settlement. Vacated the interim injunction that was previously passed in the appeal.

What did the court decide?

Appeal dismissed as not pressed; interim injunction vacated.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE MARY JOSEPH

FRIDAY, THE 6^TH DAY OF AUGUST 2021 / 15TH SRAVANA, 1943 RFA NO. 624 OF 2011

AGAINST THE JUDGMENT AND DECREE DATED 22.03.2011 IN O.S NO.264/2009 OF SUBODINATE JUDGES COURT, PALA.

APPELLANT/PLAINTIFF:

BENNY MATHEW, S/O MATHAI, MUDAKKALIL HOUSE,PULIYANNOOR KARA AND VILLAGE, MEENACHIL TALUK.

BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY

RESPONDENT/DEFENDANT:

CHANDY,

S/O.THOMMAN, ELAVUNGAL, VALLICHIRA KARA AND VILLAGE, MEENACHIL TALUK 686 575.

Parties & counsel

AI extract

appellant
BENNY MATHEW
respondent
CHANDY

Coram

AI extract

MARY JOSEPH

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 6 Aug 2021 · August
Registered: 19 Sept 2011
Case no.: RFA/624/2011

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Cite this judgement

Benny Mathew v. Chandy, RFA/624/2011 (KL), decided on 6 August 2021.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

MARY JOSEPH

Parties & counsel

Outcome

Appeal dismissed as not pressed; interim injunction vacated.

Detailed headnote1 paragraphs

Appeal dismissed as not pressed in view of settlement between parties. Interim injunction passed in the appeal was accordingly vacated.

A compact analysis

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.

BY ADV. SRI.JOSEPH T.JOHN

THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL HEARING ON 06.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RFA 624 of 2011 2

JUDGMENT

Dated this the 6^th day of August, 2021

A memo has been filed stating that the appellant is not intended to pursue the appeal any further in view of the settlement arrived at among the parties out of court. In view of the submission and memo filed, this Court is inclined to dismiss the appeal as not pressed.

It is found that an interim injunction has been passed by this Court in the appeal at the time of admission. Interim order of injunction stands vacated in view of the dismissal of the appeal.

The fact that the order has been vacated must be communicated to the S.R.O Meenachil immediately.

Sd/-

MARY JOSEPH

JUDGE

JJ

CNR

KLHC010369752011

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS NOT PRESSED

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9 Aug 2021

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