The High Court of Kerala allowed the refund of court fees and dismissed both Regular First Appeals and a Cross Objection as the parties arrived at a settlement out of court.
Refund of entire court fee paid; appeals and cross objection 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.SOMARAJAN
THURSDAY, THE 6th DAY OF JANUARY 2022 / 16TH POUSHA, 1943
RFA NO. 122 OF 2013 (C)
AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 IN OS No.403/2007 OF
II ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/3rd DEFENDANT:
M.A.SISHAN, S/o UNNERIKUTTY, PANCHAJANYAM HOUSE, KATCHERY, KOZHIKODE TALUK.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS/PLAINTIFF AND DEFENDANTS 1, 2 AND 4:
1 POOLAKKAL SREEKUMAR, S/o POOLAKKAL SAROJINI AMMA, PEEDIKAKANDI HOUSE, PEEDIKAKANDI PARAMBA, KATCHERY, KOZHIKODE TALUK AND DISTRICT.
R1 BY ADVs. SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SRI.T.SETHUMADHAVAN (SR)
SMT.VANDANA MENON
SMT.DEEPA NARAYANAN R4 BY ADVs. SRI.K.B.SIVARAMAKRISHNAN SRI.K.SANEESH KUMAR
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 06.01.2022, ALONG WITH RFA 280/2013 & CO.6/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 6th DAY OF JANUARY 2022 / 16TH POUSHA, 1943
CO NO. 6 OF 2015 in RFA 280/2013
AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 IN O.S.No.624/2008 OF IInd ADDITIONAL SUB COURT, KOZHIKODE
CROSS APPELLANTS/RESPONDENTS/DEFENDANTS:
5 SREEKANTH
(No.1 IS THE SON OF LATE MADHAVAN NAIR, RESIDING AT 2/360, PEEDIKAKKANDI HOUSE, PEEDIKAKKANDI PARAMBA IN KACHERI AMSOM AND DESOM OF KOZHIKODE TALUK, Nos.2 TO 5 ARE RESPECTIVELY THE WIFE AND CHILDREN OF No.1 AND ALL ARE RESIDING TOGETHER).
RESPONDENT/APPELLANT/PLAINTIFF:
M.A.SISHAN, S/o M.A. UNNEERIKUTTY, PANCHAJANYAM IN KACHERI AMSOM AND DESOM OF KOZHIKODE TALUK
BY ADV. SRI. B.KRISHNAMANI
THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP FOR ADMISSION ON 06.01.2022, ALONG WITH RFA.122/2013 AND RFA 280/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 6th DAY OF JANUARY 2022 / 16TH POUSHA, 1943
RFA NO. 280 OF 2013
AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 OS No.624/2008 OF II
ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/PLAINTIFF:
M.A. SISHAN, AGED 54 YEARS, S/o UNNEERIKUTTY, RESIDING AT PANCHAJANYAM HOUSE, KATCHERY AMSOM AND DESOM, KOZHIKODE TALUK
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS/DEFENDANTS:
1 POOLAKKAL SREEKUMAR, AGED 57 YEARS, S/o MADHAVANUNNI NAIR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM DESOM, KOZHIKODE TALUK.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 06.01.2022, ALONG WITH RFA.122/2013 AND CO No.6/2015 IN RFA 280/13, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13
JUDGMENT
It is fairly conceded by the learned counsel for the
appellant that the matter is settled out of court. As
such, it is submitted that the court fee may be refunded. Hence, refund the entire court fee paid in both the appeals
to the appellant in view of the legal position settled by
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] .
view of the settlement arrived at by the parties. Refund the court fee, if any paid, to the counsel concerned.
Both the RFA and Cross Objection are dismissed in view
of the settlement arrived at by the parties out of court.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13
5
APPENDIX IN RFA No.122/2013 APPELLANT'S ANNEXURE:
ANNEXURE I : TRUE COPY OF THE AGREEMENT DATED 25.11.2021.
RESPONDENTS' ANNEXURE: NIL.
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the appeals should be dismissed or adjourned given the out-of-court settlement.
Colour shows how this judgement treated each authority
High Court of Judicature at Madras rep. By its Registrar General v. M.C. Subramaniam and othersReferred¶64
High Court of Judicature at Madras rep. By its Registrar General v. M.C. Subramaniam and others [2021 (2) KHC 62]
M.A. SISHAN
POOLAKKAL SREEKUMAR
KIZHEDATH ASHA
SREEJITH
SREERAJ
SREEKANTH
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P. SOMARAJAN
Parties & counsel
