Augustine Joseph vs James Mathew
2023 Latest Caselaw 1585 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                      RFA (INDIGENT) NO. 590 OF 2004
AGAINST THE JUDGMENT AND DECREE DATED 29/07/2003 IN OS 77/2000 OF
                               SUB COURT, PALA
APPELLANT/DEFENDANT:

            AUGUSTINE JOSEPH,
            POTTENPARAMBIL ANTHINADU KARA, BHARANANGANAM VILLAGE,
            MEENACHIL TALUK.

            BY ADVS.
            SRI.MATHEW JOHN
            SRI.SUJESH MENON V.B.


RESPONDENT/PLAINTIFF:

            JAMES MATHEW, VELAMKUNNEL HOUSE,
            ANTHINADU KARA, BHARANANGANAM VILLAGE,
            MEENACHIL TALUK.


     THIS   REGULAR    FIRST   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA (INDIGENT) NO. 590 OF 2004

                                    2

                                 JUDGMENT

The matter has been settled out of court between

the parties amicably. As such, it is fairly submitted

by the learned counsel for the appellant that there

need not be any requirement to proceed further in the

appeal in view of the settlement arrived at by the

parties. Hence, the appeal will stand dismissed as

settled out of court. The appeal was filed as an

indigent person. As such, the appellant is exempted

from payment of the court fee in view of the legal

position settled by the Apex Court in High Court of

Judicature at Madras rep. By its Registrar General v.

M.C. Subramaniam and others [2021 (2) KHC 62].

Sd/-

P.SOMARAJAN JUDGE msp