Kerala High Court
M/S.Alpha Clays A Partnership ... vs M/S Sulaikha Clay Mines on 10 November, 2023
IN THE HIGH COURT OF KERALA AT BENARULAM
PRESENT
TRE HONOURABLE MRS. JUSTICE C.8. SUDSA
FRIDAY, THe i6°8 pay OF NOVEMBER 2023 / 1OTH RARTETEKA, 1945
RER NO, 270 OF 2003
AGAINST THE JUDGMENT DATED 36.06.2003 IN O.8.NO.83/1999 OF
THE SUA JUDGE, ATTINGAL
APPELLANT /DEFENDANT :
TRIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL
REARING GN 16.31.2023, BRONG WITH EPA. 28/2011, S31 /s011,
THE CQURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RELA Nos, 270 of 2085, 28 ef 207 aad S32 of 2011
BD
IN TEE HIGH COURT OF KERALA AT ERNARIUT,
PRESENT
e
THE HONOURABLE MRS. FUSTICE ©.8. SUDRA
io** DAY OF NOVEMBER 2023 / 19TH RARTETEA, 1945
RPA RO. 25 OF 26012
AGAINST THE CUDGMENT DATED 11.16.2020
IN O.S.NQ,47/3008 ON
TRE PILS OF SUB JODGE, ATTINGAL
APPELLANT IN BPA. ~PLAINGIFES IN SUIT
>
RESPONDENT IN R.F.S&.~ DEFENDANT IN SUIT:
THIS REGULAR FIRST APPEAL SAVING COME
HEARING ON 10.21.2023, BDLONG WHER
CONNECTED CASES,
POLLOWING :
UP POR FINAL
REA. 27O/Z003 AND
THE COURT ON URE SAME DAY DELIVERED THE
RR A,Nas, 23 of S303, 28 af 2ON) snd S32 af BE
Lae
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MES. JUSTICE C.8. SUDHA
FRIDAY, TRE 16°' pay OF NOVEMBER 2024 / 19TH KARTHIRA, 1945
RFA NO. S31 OF S013
ON APPEAL FROM INE DECREE AND JUDGMENT DATED Li' ocTrToBER
2010 IN O8 NO. 47 OF 2005 ON TEE FILE OF THE SUB-COURT OF
AY TINGAR
APPELLANT / DEFENDANT :
Be ts
MOR TOUT AWAIT A OTTO Raa
PHEREVANANTHRAPURAM .
THIS REGULAR FIRST ABPEAL HAVING COME UP FOR FINAL
HEARING ON 20.22.2023, ALONG WITH BFA. 2270/2003 AND
CONRECTED GASES, THER QANIRT GH TSE SAME DAY DELIVERED TRE
FOLLOWING :
BULA Nos, 278 of S003, 28 of ROH and S3i of 288
CUS SUDALA, J.
R.E.ANas. 270 of 20038, 23 of 2011 and SS] of 2011
Dpated this the 10° day of November, 2023
JUDGMENT
Both sides are regresented in all the three matters. le is submitted that
LA.No 1/2023 dated 31.10.2023 has been fled to the effect that the matter
has been settled between the parties. Hence appeals are dispased of in terms
of the compramise and the compromise shall form part of the decree.
oa
Appellant is entuled to refund of the court fee.
Sais
CS. SUDHA
JUDGE
ak
IN THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
IANo | of 2023
In
RFA No 270 of 2003
Vs ALPHA CLAY MINES :- APPELLANT
ve
WS
M/s SULETIKHA CLAY MINES : RESPONDENT
COMPROMISE PETITION submitted by
()} The appellant M/s ALPHA CLAY MINES, a partnership fre
registered under the Indian Partnership Act 1932 and
represented by its Managing Partner Mr A M Ashraf, aged 66
years, son of M Abdul Rehmankutty, Dwaraka, WC Lane,
Vazhuthacaud, Thiruvananthapuram PIN:695014
{i} The respondent M/s SULEIKHA CLAY MINES, a partnership
fiem registered under the Indian Partnership Act 1932 and
represented by its Managing Partner Mer Mok Abdul Hamid,
aged 89 years, son of Mohammed Kunju, Tron? "AYSNGOE Main
Road, Attingal and now at New Bungalo , Karamoodu,
Thonnakkal PO, Thiruvananthapuram PIN: 695317
Under Order XXIIE Rule 3 read with Section 107 CP
exeeyya ory AW RAINS gk
For SULALE NS CLAY MENES
ae x
todo --
-.. Waagaigg Aw'
The appellant and the respondent are partnership firms. The
pod
noe
partners of t the firms are closely related to each other. Bearing in
end thelr mutual relatio onship and in ihe} interests of family amity.
the parties have disc: ussed ihe matters in issue. They have resolved
that they must achieve peace in heart and in court by arriving at
orivate settlement of all disoutes in between them.
2) Therefore ail litigations are | hereby ended by peaceful settiernent of
the disputes out of court. Both parties agree that all disputes that
Aad sprung up between them stand resolved and compromised out
s
of court. Nothing survives to be adjudicated. They have hence
arrived ai a private settlement that all tigations amongst them
may be discontinued,
3) The said private settlement between the parties may be recorded,
The decree in GOS No 93 of 1999 on the file of the Sub Court of
Attingal under challenge in this appeal may be set aside and the
suit disposed of as sett: iad by private settlement out of court.
4) The appellant may be granted refund of the entire court fee paid in
the appeal.
Hence It is humbly s submitted that the appeal May be disposed of as stat
SSeS
ve DAS vat Hear aty :
above based on the private settlement between the parties. 9.. sny arcia CLAY MINES
_ Dated this the 315° day of October 2023
. 2 BOY goog
Wee aas tae ee
wen e * : : eel canal
- AS AS Dok ws RS
For theses For the Respondent
Ve Vf Sey dy : Eps... Yesnere 4 Ve by Bley,
COUNSEL FOR THE APPELL ays le S833 counselor the "Respondent 7
