Kerala High Court
Jose George vs K.N.Manoj on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
F.A.O.NO. 190 OF 2019
AGAINST THE ORDER DATED 11.10.2018 IN I.A.NOS.431 OF 2017
AND 432 OF 2017 IN O.S.NO.38 OF 2014 ON THE FILE OF THE
SUB COURT, THODUPUZHA
APPELLANTS/PETITIONERS/ADDITIONAL DEFENDANTS:
1 JOSE GEORGE,
AGED 45 YEARS, S/O.VARKEY, RESIDING AT
VADAKKEMUKKALUVEETIL HOUSE, CHATTUPARA KARA,
ADIMALY GRAMA PANCHAYATH, MANNAMKANDAM VILLAGE,
DEVIKULAM TALUK, IDUKKI DISTRICT, NOW RESIDING
AT MUKKALUVEETIL, THAMARACHAL KARA,
KIZHAKKAMBALAM P.O., KIZHAKKAMBHALAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
PIN - 683 561.
2 JOLLY,
AGED 40 YEARS, W/O.SAJU, RESIDING AT OLLICKAL
HOUSE, THOTTAPPURA KARA, VELLATHOOVAL VILLAGE,
DEVIKULAM TALUK, IDUKKI DISTRICT, PIN- 685 613.
3 JESSY,
AGED 38 YEARS
W/O.BIJU, RESIDING AT MULLAPPILLIL HOUSE, 200
ACRE KARA, MANNAMKANDOM VILLAGE, DEVIKULAM
TALUK, IDUKKI DISTRICT, PIN - 685 613.
BY ADVS.
M.NARENDRA KUMAR
SRI.C.RAMAN
SMT.M.J.SAJITHA
2
F.A.O.No.190 of 2019
RESPONDENTS/COUNTER PETITIONERS/PLAINTIFFS:
1 K.N.MANOJ,
AGED 47 YEARS, S/O.NARAYANAN, RESIDING AT
KARINATTU HOUSE, ADIMALY TOWN KARA,
MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI
DISTRICT, PIN - 685 613.
2 SIBY JOSEPH,
AGED 37 YEARS, S/O.JOSEPH, RESIDING AT
KAIPPANPLACKAL HOUSE, KARIKKULAM KARA,
MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI
DISTRICT, PIN - 685 613.
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR
ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
F.A.O.No.190 of 2019
JUDGMENT
P.G. Ajithkumar, J.
This is an appeal filed under Section 104 read with Order
XLIII, Rule 1(d) of the Code of Civil Procedure, 1908. The
defendants in O.S.No.38 of 2014 on the files of the Sub Court,
Thodupuzha are the appellants. That suit was filed by the
respondents seeking a decree of return of advance amount of
Rs.50 lakhs along with interest. The suit was decreed exparte
on 4.06.2014. The appellants filed I.A.No.431 of 2017 for
setting the decree along with I.A.No.432 of 2017 to condone
the delay of 1099 days in filing the former application. The
Sub Court, Thodupuzha as per common order dated
11.10.2018 dismissed those applications. The appellants
challenges the said order in this appeal.
2. There was a delay of 324 days in filing the apples.
The delay was condoned as per the order dated 27.10.2022 in
C.M.Appl.No.1 of 2019 on payment of cost of Rs.1,500/- to
the Kerala High Court Legal Services Committee. The
appellants paid the costs.
3. Today, when this matter is taken up for
consideration, the learned counsel appearing for the
F.A.O.No.190 of 2019
appellants would submit that the dispute involved in the suit
was settled between the parties and an agreement in that
regard was entered into between the 1st appellant and the 1st
respondent. A copy of the agreement entered into between
the 1st appellant and the 1st respondent is placed on record.
The learned counsel for the appellants further would submit
that in the execution petition filed by the respondents,
E.P.No.7 of 2018 before the Sub Court, Devikulam (originally
filed before the Sub Court, Thodupuzha as E.P.No.11 of 2016).
Full satisfaction of the decree in O.S.No.38 of 2014 was
recorded and the E.P. was closed on 31.08.2021. In the light
of the said submission, this appeal does not require
consideration. Therefore, recording the aforesaid submission,
this appeal is disposed of.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
