Dismissed

Chakkarappayyan Kunnath Vanaja Mohanan v. M.Samuel Jacob

Kerala HC14 Jan 2022RFA/45/2007

Case brief

AI extract

What is this about?

The Court disposed of two regular first appeals simultaneously after recording a submission that the underlying matter was settled out of court. The appellant was directed to refund the court fee based on a Supreme Court ruling. No substantive adjudication on the merits occurred.

What did the court decide?

Direction to refund the entire court fee to the respective appellant.

Chakkarappayyan Kunnath Vanaja Mohanan Vs… — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

¶5

RFA NO. 480 OF 2006

¶6

AGAINST THE JUDGMENT AND DECREE DATED 30.05.2005 IN OS 150/2003 OF
SUB COURT, THALASSERY

¶7

APPELLANT/DEFENDANT:

¶8

CHAKKARAPPAYYAN KUNNATH VANAJA MOHANAN
W/O.MOHANAN, AGED 53 YEARS, HOUSE WIFE, 'VANAMALA',
P.O.PALLIKKUNNU,, KANNUR-670004.

¶9

BY ADV SRI.C.K.SREEJITH

¶10

RESPONDENTS/PLAINTIFFS:

¶11

1 KOCHIPEEDIKAYIL KASIM S/O.ABDUL RAHMAN, AGED 53 YEARS,, BUSINESS, “SHABINA COTTAGE”, KANNOOKKARA, THANA, KANNUR-670 012.

¶12

2VALIYA THANAL AYISHA
D/O.ABDULLA HAJI, AGED 47 YEARS,
OCCUPATION NIL, 'SHABINA COTTAGE',
KANNOOKKARA, THANA, KANNUR-670 012.

¶13

BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH

¶14

THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
14.01.2022, ALONG WITH RFA.45/2007, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶15

RFA Nos.480/2006 & 45/2007

¶16

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶20

FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

¶21

RFA NO. 45 OF 2007

¶22

AGAINST THE JUDGMENT AND DECREE DATED 30.05.2005 IN OS 148/2003
OF ADDITIONAL SUB COURT, THALASSERY

¶23

APPELLANT/DEFENDANT:

¶24

CHAKKARAPPAYYAN KUNNATH VANAJA MOHANAN
W/O.MOHANAN, AGED 53 YEARS, HOUSE WIFE,
“VANAMALA”, P.O.PALLIKKUNNU, KANNUR-670 004.

¶25

BY ADV SRI.C.K.SREEJITH

¶26

RESPONDENTS/PLAINTIFFS:

¶27

1M.SAMUEL JACOB, S/O. CHACKO SAMUEL,
AGED 66 YEARS, BUSINESS, MATTAKKAL HOUSE,
P.O. KOYIPPURAM, VIA, CHENGANNUR.

¶28

2ALICE JACOB, D/O.VARGHESE, AGED 60
YEARS, HOUSEWIFE, MATTAKKAL HOUSE, P.O. KOYIPPURAM,
VIA CHENGANNUR,
BOTH PLAINTIFFS THROUGH THEIR POWER OF ATTORNEY
HOLDER KOCHIPPEDIKAYIL KASIM, S/O.ABDUL RAHIMAN,
AGED 53 YEARS, BUSINESS, SHABINA COTTAGE, THANA,
KANNOOKKARA,KANNUR-12.

¶29

BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SRI.K.R.AVINASH KUNNATH

¶30

THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
14.01.2022, ALONG WITH RFA.480/2006, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶31

¶32

RFA Nos.480/2006 & 45/2007

¶33

JUDGMENT

¶34

The learned counsel for the appellant fairly
submitted that the matter is settled out of Court
and as such, there is no necessity to proceed
further in the matter. Submission is recorded. In
view of the settlement arrived at out of court,
there will be a direction to refund the entire
court fee to the respective appellant in view of
legal position settled by the Apex Court in The
High Court Of Judicature at Madras rep. by its
Registrar General v. M.C. Subramaniam and Others
[2021 (2) KHC 62 : 2021 KHC OnLine 6080 : ILR 2021
(1) Ker.956 : 2021 (2) KLT SN 25 : 2021 (3) SCC
560].

¶35

Both the Appeals are disposed of accordingly.

¶36

Sd/-

¶37

P.SOMARAJAN JUDGE

¶38

SPV

Chakkarappayyan Kunnath Vanaja Mohanan v. M.Samuel Jacob

Case brief

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Chakkarappayyan Kunnath Vanaja Mohanan v. M.Samuel Jacob

Case brief

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