The regular first appeal was settled out of court. The court dismissed the appeal as not pressed but directed a refund of the entire court fee citing a recent Apex Court decision on the subject.
Appeal dismissed as not pressed; full court fee refunded.
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
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
RFA NO. 868 OF 2012
AGAINST THE JUDGMENT AND DECREE DATED 10/04/2012 IN OS 231/2009 OF SUB
COURT, PALA
APPELLANT/PLAINTIFF:
1DR.A.D. SEBASTIAN, AGED 69 YEARS,S/O.DEVASIA, ARAYATHINAL
HOUSE, PATHAMPUZHA KARA, POONJAR THEKKEKARA VILLAGE.(DIED)
ADDL.A2SHEETHAL SEBASTIAN, AGED 36 YEARS, D/O A.D.SEBASTIAN, KADAVIL
HOUSE, MALOOSEERY P.O,
KOTTAYAM DISTRICT – 686 041
THE LEGAL HEIR OF THE DECEASED SOLE APPELLANT IS IMPLEADED AS
ADDITIONAL APPELLANT NO.2 AS PER THE ORDER DATED 17/1/2022 IN
I.A.1/2021
A1 BY ADVS.SMT.K.V.BHADRA KUMARI
SMT.ANILA GEORGE
ADDL.A2 BY ADV. SRI.P.K.MOHAMED JAMEEL
RESPONDENTS/DEFENDANTS:
1A.S. GEORGE, S/O.SEBASTIAN, AGED 78 YEARS, KENILA, COTTAGE
35540, NINITTAL P.O.,NINITTAL KARA, NINITTAL VILLAGE, PIN-
263002, UTHARANCHAL STATE (DIED)
*2A.D.THOMAS,S/O.DEVASIA, AGED 76 YEARS, ARAYATHINAL HOUSE,
PATHAMPUZHA P.O. PATHAMPUZHA KARA,
POONJAR THEKKEKARA VILLAGE. (DIED)
3ALEYAMMA, W/O.THOMAS, AGED 69 YEARS, OLICKAL HOUSE, PANNOOR
P.O., THATTAKUZHA KARA, THATTAKUZHA VILLAGE,
THODUPUZHA TALUK
4 ANNIE NEPHER,AGED 63 YEARS, ARAYATHINAL HOUSE, PATHAMPUZHA P.O. PATHAMPUZHA KARA, POONJAR THEKKEKARA VILLAGE.ADDL.5 GEORGE SEBASTIAN, AGED 33 YEARS, S/O.A.D.SEBASTIAN, KUNNATHUPURAYIDOM HOUSE, VILAKKUMADOM, POOVARANY P.O., KOTTAYAM DISTRICT 686577.THE LEGAL REPRESENTATIVE OF THE DECEASED 2ND RESPONDENT IS
IMPLEADED IN THE PARTY ARRAY AS ADDITIONAL 5TH RESPONDENT VIDE
ORDER DTD.17/01/22 IN IA.1/2020
BY ADVS.SRI.JINU JOSEPH – R2, R3 & ADDL.R5
SRI.N.RAGHUNATH-R2
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 17.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA NO. 868 OF 2012
2
JUDGMENT
The matter is settled out of court. Hence, the
appeal not pressed into service. The appeal is
dismissed as not pressed. There will be a direction to
refund the entire court fee paid 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].
Sd/-
P.SOMARAJAN JUDGE
msp
1 issue framed by the court
Whether the appeal should be dismissed as not pressed due to 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 others [2021 (2) KHC 62]Referred¶22
A.D. Sebastian
Addl.A2 Sheetal Sebastian
A.S. George
A.D. Thomas
Aleyamma
Annie Nepher
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P. Somarajan
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