Chakkarappayyan Kunnath Vanaja ... vs M.Samuel Jacob
2022 Latest Caselaw 679 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                          RFA NO. 480 OF 2006
AGAINST THE JUDGMENT AND DECREE DATED 30.05.2005 IN OS 150/2003 OF
                         SUB COURT, THALASSERY
APPELLANT/DEFENDANT:

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

            BY ADV SRI.C.K.SREEJITH



RESPONDENTS/PLAINTIFFS:

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

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

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




     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:
  RFA Nos.480/2006 & 45/2007
                                  2



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                         RFA NO. 45 OF 2007
AGAINST THE JUDGMENT AND DECREE DATED 30.05.2005 IN OS 148/2003
               OF ADDITIONAL SUB COURT, THALASSERY
APPELLANT/DEFENDANT:

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

           BY ADV SRI.C.K.SREEJITH



RESPONDENTS/PLAINTIFFS:

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

    2      ALICE 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.

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




     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:
   RFA Nos.480/2006 & 45/2007
                                     3



                               JUDGMENT

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].

Both the Appeals are disposed of accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV