Soman v. Noushad
Case brief
What is this about?
This Regular First Appeal was dismissed upon settlement reached during mediation. The settlement agreement was recorded as part of the decree, court fees were refunded to appellants, and attachment was directed to continue until liability discharge.
What did the court decide?
Appeal disposed based on mediation settlement; settlement agreed to form part of decree; court fee refunded to appellants; attachment continued until liability discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 RFA NO. 268 OF 2018(G)
AGAINST JUDGMENT & DECREE DATED 14.03.2018 IN OS 330/2013 OF ADDITIONAL SUB COURT, KOTTAYAM
APPELLANTS/DEFENDANTS:
- 1 SOMAN, AGED 65 YEARS, S/O.SREEDHARAN, THEVARTHOTTAM MURIYIL, THYKKATTUSSERY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
- 2 MOHANAN, AGED 68 YEARS, S/O.SREEDHARAN, MURIYIL PADIKKAL HOUSE,VADAKKEMURI VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT.
- 3 SUSHAMA, AGED 65 YEARS, W/O.MOHANAN,MURIYILPADIKKAL (H),VADAKKEMURI VILLAGE, VAIKOM TALUK,KOTTAYAM.
Issues for consideration
2 issues framed by the court
Whether the Regular First Appeal should be disposed of upon settlement via mediation.
Whether the appellants are entitled to a refund of the court fee paid on the memorandum of appeal after settlement.
Parties & counsel
- appellant
SOMAN AND OTHERS
- respondent
NOUSHAD
Coram
A. MUHAMED MUSTAQUE
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court