Dismissed

M.A. Sishan v. Poolakkal Sreekumar

Kerala HC6 Jan 2022RFA/280/2013

Case brief

AI extract

What is this about?

The Court heard multiple appeals and a cross objection regarding civil decrees. Upon hearing, it was submitted that the underlying matter had been settled out of court. Relying on a Supreme Court precedent regarding court fee refunds, the Court allowed the refund of court fees and dismissed the pending appeals with costs.

What did the court decide?

Refund of the entire court fee paid by the appellant and any court fee paid by the cross objector.

M.A. Sishan Vs Poolakkal Sreekumar — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 6^th DAY OF JANUARY 2022 / 16TH POUSHA, 1943

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RFA NO. 122 OF 2013 (C)

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AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 IN OS No.403/2007 OF

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II ADDITIONAL SUB COURT, KOZHIKODE

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APPELLANT/3rd DEFENDANT:

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M.A.SISHAN, S/o UNNERIKUTTY, PANCHAJANYAM HOUSE, KATCHERY, KOZHIKODE TALUK.

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BY ADV SRI.B.KRISHNA MANI

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RESPONDENTS/PLAINTIFF AND DEFENDANTS 1, 2 AND 4:

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1 POOLAKKAL SREEKUMAR, S/o POOLAKKAL SAROJINI AMMA, PEEDIKAKANDI HOUSE, PEEDIKAKANDI PARAMBA, KATCHERY, KOZHIKODE TALUK AND DISTRICT.

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2 POOLAKKAL SAROJINI AMMA, D/o LATE P.KALLIANIKUTTY AMMA, RAJ BHAVAN, A.R. NAIR COLONY, KUNNATHURMEDU, PALAKKD DISTRICT-678 013.

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3 POOLAKKAL SADANANDAN NAIR, S/o LATE P.KALLIANIKUTTY AMMA, ANAND GARDENS, NAMBIATTIL PARAMBA, KATCHERY, KOZHIKODE TALUK AND DISTRICT.

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4 POOLAKKAL VINODINI AMMA, D/o POOLAKKAL SAROJINI AMMA, KRISHNA VIHAR, KATCHERY, KOZHIKODE TALUK AND DISTRICT.

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R1 BY ADVs. SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SRI.T.SETHUMADHAVAN (SR)

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SMT.VANDANA MENON

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SMT.DEEPA NARAYANAN R4 BY ADVs. SRI.K.B.SIVARAMAKRISHNAN SRI.K.SANEESH KUMAR

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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:

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RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 6^th DAY OF JANUARY 2022 / 16TH POUSHA, 1943

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CO NO. 6 OF 2015 in RFA 280/2013

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AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 IN O.S.No.624/2008 OF IInd ADDITIONAL SUB COURT, KOZHIKODE

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CROSS APPELLANTS/RESPONDENTS/DEFENDANTS:

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1 POOLAKKAL SREEKUMAR

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2 KEEZHEDATH ASHA

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3 SREEJITH

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4 SREERAJ

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5 SREEKANTH

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(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).

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RESPONDENT/APPELLANT/PLAINTIFF:

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M.A.SISHAN, S/o M.A. UNNEERIKUTTY, PANCHAJANYAM IN KACHERI AMSOM AND DESOM OF KOZHIKODE TALUK

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BY ADV. SRI. B.KRISHNAMANI

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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:

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RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 6^th DAY OF JANUARY 2022 / 16TH POUSHA, 1943

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RFA NO. 280 OF 2013

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AGAINST THE DECREE AND JUDGMENT DATED 29.09.2012 OS No.624/2008 OF II

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ADDITIONAL SUB COURT, KOZHIKODE

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APPELLANT/PLAINTIFF:

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M.A. SISHAN, AGED 54 YEARS, S/o UNNEERIKUTTY, RESIDING AT PANCHAJANYAM HOUSE, KATCHERY AMSOM AND DESOM, KOZHIKODE TALUK

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BY ADV SRI.B.KRISHNA MANI

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RESPONDENTS/DEFENDANTS:

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1 POOLAKKAL SREEKUMAR, AGED 57 YEARS, S/o MADHAVANUNNI NAIR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM DESOM, KOZHIKODE TALUK.

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2 KIZHEDATH ASHA, AGED 51 YEARS, W/o POOLAKKEL SREEKUMAR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM, KOZHIKODE TALUK.

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3 SREEJITH, AGED 31 YEARS, S/o SREEKUMAR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM, KOZHIKODE TALUK.

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4 SREERAJ, AGED 29 YEARS, S/o SREEKUMAR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM, KOZHIKODE TALUK.

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5 SREEKANTH, AGED 27 YEARS, S/o SREEKUMAR, PEEDIKAKKANDI PARAMBIL THAMASSUM, KACHERY AMSOM, KOZHIKODE TALUK.

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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:

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RFA 122 of 2013, RFA No. 280 of 2013 & CO No.6 of 2015 in RFA No.280/13

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JUDGMENT

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It is fairly conceded by the learned counsel for the

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appellant that the matter is settled out of court. As

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such, it is submitted that the court fee may be refunded. Hence, refund the entire court fee paid in both the appeals

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to the appellant in view of the legal position settled by

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the Apex Court in High Court of Judicature at Madras rep.

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By its Registrar General v. M.C. Subramaniam and others [2021 (2) KHC 62] .

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Cross Objection also not pressed into service in

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view of the settlement arrived at by the parties. Refund the court fee, if any paid, to the counsel concerned.

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Both the RFA and Cross Objection are dismissed in view

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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

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APPENDIX IN RFA No.122/2013 APPELLANT'S ANNEXURE:

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ANNEXURE I : TRUE COPY OF THE AGREEMENT DATED 25.11.2021.

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RESPONDENTS' ANNEXURE: NIL.

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// TRUE COPY //

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P.A. TO JUDGE

M.A. Sishan v. Poolakkal Sreekumar

Case brief

What is this about?

What did the court decide?

M.A. Sishan v. Poolakkal Sreekumar

Case brief

What is this about?

What did the court decide?

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