Mohanakumaran vs Sajeendran @ Unni
2024 Latest Caselaw 5636 Ker

Kerala High Court

Mohanakumaran vs Sajeendran @ Unni on 16 February, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MRS. JUSTICE C.S. SUDHA
 FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                    RFA NO. 162 OF 2004
  AGAINST THE DECREE AND JUDGMENT DATED 11/04/2003 IN OS
    148/2001 ON THE FILES OF THE ADDITIONAL SUB JUDGE,
                         ALAPPUZHA
APPELLANT(PLAINTIFF):

         MOHANAKUMARAN
         S/O.VASUDEVAKURUP,
         KANNAN'S, KALARCODE, ALAPPUZHA.
         BY ADV SRI.B.JAYASANKAR


RESPONDENT(DEFENDANT):

         SAJEENDRAN @ UNNI
         S/O. SADANANDAN, MANJIPUZHA VEEDU,
         EARVUKAD WARD, ALAPPUZHA.

         BY ADVS.
         A.S.DILEEP
         P.BINOD(K/647/1987)
         K.Y.SUDHEENDRAN(K/000625/1987)
         SUSEELA DILEEP(S-1307)
         SUDEEP ARAVIND PANICKER(K/000517/2018)



     THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL
HEARING ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 R.F.A.No.162 of 2004
                                            2




                                  C.S.SUDHA, J.
                          --------------------------------------
                               R.F.A.No.162 of 2004
                   ----------------------------------------------------
                   Dated this the 16th day of February, 2024


                                 JUDGMENT

The matter has been settled between the parties and the

memorandum of settlement has been filed. The appeal is disposed of in

terms of the compromise. The compromise shall form part of the

judgment.

In the light of the dictum in Kochupailo v. Reena, 2015 (1) KHC

361, Noorudheen V. v. Muhammed Najmal, 2021 (4) KHC 257 and

High Court of Judicature at Madras rep. by its Registrar General v.

M.C.Subramaniam, 2021 (2) KHC 62, no recovery of court fee from the

appellant/plaintiff (indigent) is ordered.

Sd/-

C.S.SUDHA JUDGE

Jms