Sheeba vs N.Preetha
2022 Latest Caselaw 11045 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 3®° pAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
RFA NO. 306 OF 2016
AGAINST THE JUDGMENT & DECREE DATED 21.12.2015 IN

O.S.NO.74/2010 OF SUB COURT, MAVELIKKARA

APPELLANT /DEFENDANT:

KUMARI SHEEBA @ SHEEBA SANKAR, AGED 58 YEARS,
W/O.LATE SANKAR, RETD. DEPUTY REGISTRAR,

HIGH COURT OF KERALA, ERNAKULAM,

RESIDING AT SUBVANI, MAVELI NAGAR,

iSf CROSS ROAD, CHANGAMPUZHA NAGAR P.O.,
THRIKKAKARA, COCHIN-30.

BY ADVS.
SRI.RAJIT
SRI.V.V.JOY

RESPONDENT /PLAINTIFF:

N.PREETHA, AGED 38 YEARS,
D/O.SANTHA, RESIDING AT KOMOLEZHATHU
NADANAM, KANNAMANGALAM VILLAGE,
MAVELIKKARA TALUK-690106.

BY ADVS.

SMT .AMBILY (PREMKUMAR)
SRY .M. JAYAKRISHNAN
SRI .G.UNNIKRISHNAN

bald tedidl

TRIS REGULAR FIRST APPEAL HAVING BEEN FINALLY BEARD ON

03.11.2022, THE CouRT ON THE SAME DAY DELIVERED THE
FOLLOWING:


RFA No.306/2016 2

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The appeal is filed for the realisation of

money. Today, when the case was taken up, it was

was filed by the appellant and the respondent stating that the dispute has. been settied among themselves. The compromise petition filed in the appeal is recorded and the same shall form part of the adudoment. The execution

before the court below shall stand closed.

2. It is submitted by the learned counsel for the appellant that since the matter has been settled between the parties, the appellant is entitled for refund of the court fee paid. The learned counsel for the appellant relied on a decision of this Court in Marv Fathima Sophy and

Another v. Santhosh V. Prabhu and Another [2015

(2) KHC 823], which held that when the matter is

compromised in appeal, the entire court fee paid in the plaint can be refunded. In view of the

above decision, we hold that the appellant is

In the result, recording the compromise petition filed by the parties herein, this appeal

is closed as settled.

sa/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

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