Kerala High Court
K.T.Mathew vs John Kurian on 15 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 15th day of September 2022 / 24th Bhadra, 1944
IA.NO.1/2022 IN RFA NO. 550 OF 2008
OS 119/2006 OF SUB COURT, THIRUVALLA, PATHANAMTHITTA
PETITIONER/RESPONDENT IN RFA:
JOHN KURIAN, S/O.JOHN, C1, NANDA DWEEP, 44, VIVILANI ROAD, RICHARDS
TOWN, BANGALORE-560 005.
RESPONDENT/APPELLANT IN RFA:
K.T.MATHEW, S/O.THOMAS, KOLABHAGATHU HOUSE, VENPALA MURI, KUTTOOR
VILLAGE, THIRUVALLA TALUK
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to amend the cost
portion of the decree passed on 29/03/2022 in RFA 550/2008, as detailed in
the affidavit.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SMT.SUMATHY DANDAPANI, SRI.MILLU DANDAPANI, Advocates for the
petitioners and of SRI.K.JAYAKUMAR (SR.), SRI.P.B.KRISHNAN, Advocates for
the respondent, the court passed the following:
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
--------------------------------------------------
I.A. No.1 of 2022
in
R.F.A No.550 of 2008
-------------------------------------------
Dated this the 15th day of September, 2022
ORDER
C.S.Sudha, J.
This is an as application filed by the respondent in the appeal under
Sections 151, 152 and 153 of the Code of Civil Procedure, 1908 (the CPC)
for amending the costs portion of the decree dated 29/03/2022 in R.F.A
No.550/2008.
2. The aforesaid appeal was filed against the judgment and decree
dated 29/02/2008 in O.S No.119/2006 on the file of the Subordinate Judge's
Court, Thiruvalla. The suit was one for specific performance simpliciter.
The court below by the aforesaid judgment and decree, dismissed the suit
against which the appeal was filed by the plaintiff. In the appeal, the
appellant/ plaintiff filed an application for amending the plaint to incorporate
an alternative prayer for return of advance money also, which application
was allowed. Thereafter, this Court by judgment dated 29/03/2022,
confirmed the judgment and decree of the trial court. The appeal was partly
I.A. No.1 of 2022
in R.F.A No.550 of 2008
allowed and the prayer for return of advance money was allowed and the
defendant was directed to return the advance amount of Rs.20,00,000/- with
interest at the rate of 6% per annum from the date of suit till realisation and
costs from the defendant and his assets. As prayer for return of advance
money alone has been decreed, the plaintiff was only entitled to proportionate
costs. However, by oversight, this Court omitted to specifically mention the
same in the relief portion of the judgment. This is an omission on the part of
this Court which requires to be corrected.
Hence the present petition is allowed. The costs to which the appellant
in R.F.A No.550/2008 entitled is only proportionate costs. The judgment and
decree dated 29/03/2022 in R.F.A No.550/2008 shall stand amended to the
aforesaid extent.
Sd/-
P.B.SURESH KUMAR
JUDGE
Sd/-
C.S.SUDHA
JUDGE
Jms/14.09
15-09-2022 /True Copy/ Assistant Registrar
