P.K.Shamsudheen vs Cherian K. George
2021 Latest Caselaw 3790 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       CRP.No.430 OF 2019

    AGAINST THE JUDGMENT DATED 03-04-2018 IN CMA NO.2/2017 OF
 DISTRICT COURT, KASARAGOD IN I.A.NO.960/2013 IN OS 140/2010 OF
                        SUB COURT, HOSDRUG

                          ----------


REVISION PETITIONER/APPELLANT/DEFENDANT:

             P.K.SHAMSUDHEEN
             AGED 38 YEARS
             S/O.MUHAMMED,ITTAMMAL CHALINAL,
             NOW RESIDING AT HOUSE NO.3,UPSTAIR
             B.M.J.QUARTERS,BEACH ROAD,AVIKKARA,
             KANHANGAD.P.O,HOSDURG TALUK,
             KASARGOD DISTRICT.

             BY ADVS.
             SRI.RAHUL SASI
             SMT.NEETHU PREM

RESPONDENT/RESPONDENT PLAINTIFF:

             CHERIAN K. GEORGE
             AGED 54 YEARS
             S/O.GEORGE,RESIDING AT CHULLIKKARA,
             KALLAR VILLAGE,HOSDURG TALUK,
             KASARAGOD DISTRICT-671815.

             R1 BY ADV. SHRI.VIVEK.P.K

     THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                 C. R. P. No.430 of 2019
          ==================
         Dated this the 2nd day of February, 2021

                              ORDER

The attempt of the revision petitioner-

defendant to set aside the ex parte decree was

unsuccessful in the trial court as well as in

appeal, against which, this revision petition is

filed.

2. It is reported by the learned counsel on

either sides that pending the revision, the parties

have arrived at an amicable settlement of the

disputes between them. In order to work out the

settlement before the trial court, the ex parte

needs to be set aside, the learned counsel are in

unison.

C. R. P. No.430 of 2019

Accordingly, the order in IA 960/2013 as

affirmed in CMA 2/2017 is set aside. The

application IA 960/2013 will stand allowed. Civil

revision petition is allowed as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge