The Court accepted a compromise petition filed under Order XXIII Rule 3 CPC. The parties settled the dispute, the decree holder waived the decree amount, and the appeal was disposed of following the Madras High Court precedent.
Compromise accepted. Appeal disposed of. Court fee refunded to appellant with no costs.
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 "E HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
ThE HONOuRABLE MR. JuSTICE P.SOMARAJAN
MONDAY, THE 7TH DAY OF FEBRUARY 2®22 / 18TH MAGMA, 1943
RFA NO. 90101: 2012
AGAINST THE JUDGMENT AND DECREE DATED 3®/11/20®6 IN 0S 8®/2®®2 0F I ADDITIONAL SUB COuRT, THRISSUR
APPELLANTS/DEFENDANTS :.
ABHIMANUE, AGED 36 YEARS, S/O CHEROTH RAMAN, P.O. PO0VATHUR, CHAVAKl(AD, "RISSUR DISTRICT
BY ADVS. SRI . RAJIT SRI. RANJIT BABU
RESPONDENT/PLAINTIFF :
MOHANDAS T.S.@ M0lIANDASAN, S/O SANKARANKUTTY, THEKKUMPURACKKAL HOUSE, POOVATHUR P.0, ELAVALLY, THRISSUR - 68®511
FN AIyN V .V ..CIN
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING 0N ®7.02.2®22, THE COURT 0N THE SAME DAY DELIVERED TllE FOLLOWING:
RI=A NO. 9010F 2012
JUDGMENT
The compromise signed by both the parties is produced. The respective counsel. have also affixed their signature in the compromise. Hence, compromise is accepted. The appeal is disposed of in terms of
compromise arrived at by the parties. The compromise will. form part of the judgment and decree. Refund the entire court fee paid to the
appellant in view of the legal position settled by the Apex Court ±n High Court of Judicature ait Madras rep. By its Registrar General v. M.C. Subramaniam and others [2®21 (2) KHC 62].
Sd/-
P . SOMAIIAJAN
JUDGE
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BEFORE THE HONOURABLE HIGH URT OF KERALA AT ERNAKULAM PLAEHIGH,j\o Jae22
R.F.A. No. 901 of 2012
Abhimanue
Mohandas.T.S @ Mohandasan
Appe''ant
Respondent
QQJ!4EROMISE PETITION SUBMITTED BY THE APPELLANT AND THE RESPONDENT UNDER ORDER Xxlll RULE 3 0F THE CODE 0F CIVIL PROCEDURE 1908
®
Whereas the appellant Abhimanue suffered a decree in O.S. No. 80/2002 of the Sub Judge, Thrissur whereby the respondent Mohandas.T.S @ Mohandasan was allowed to realize an amount of Rs.4,25,876/- along with interest @ 12% per annum from the appellant and the first appeal is filed challenging the said judgment and decree.
The appellant and the respondent have since then settled the entire dispute between them . It is agreed that the respondent has decided to forego the entire amount as per the decree and does not intend to proceed further in the matter.
The responcient has therefore no objectioii in O.S. No. 80/2002 of the Sub Judge, Thrissur being dismissed.
Both the Appellant and Respondent agree that the court fee remitted in this Appeal
by the appellant can be refunded to the Appellant and the respondent has no objection for the same. It is f urther agreed that the parties will bear
costs.
Dated this the 17th day of January,2022.
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Rajit Counsel for Appellant
Mohandas.T.S @ Mohandasan
Counsel for Respondent
BENCH nf>PP
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Presented on.. |q|oi|ao22
BEFORETHEHONOURAFLAEHIG|COUR/Tsoo¢F2KERALAATERNAKULAM
R.F.A. No. 901 of 2012
Abhimanue
Appellant
Mohandas.T.S @ Mohandasan
Respondent
.L \o-_f=j:chhJti -\ fry,I,+ \_ ``€-LrYh ~ -r-tf=`>~
COMPROMISE PETITION S±±BMIITED BY THE APPELLANT AND THE RESPONDE_N|
UNDER ORDEBXX!JJB!!±E 3 0F THE CODE OF CIVJHBQCEDURE 1908
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RAJIT (R-176)
CCD Adu. free Fcjrmv chebe/
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Counsel for the Petitioner
©\o\vor
1 issue framed by the court
Whether the regular first appeal filed against the decree can be disposed of on compromise petition filed under Order XXIII Rule 3 of CPC.
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 [2®21 (2) KHC 62]Followed¶17
2 provisions across 2 enactments
Abhimanue
Mohandas.T.S @ Mohandasan
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
