Citation : 2025 Latest Caselaw 8183 Ker
Judgement Date : 27 August, 2025
RFA Nos. 127/2013 &216/2015
1
2025:KER:65775
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
RFA NO. 127 OF 2013
ARISING FROM THE JUDGMENT AND DECREE DATED 30.10.2012
IN OS NO.713 OF 2009 OF PRINCIPAL SUB COURT,IRINJALAKUDA
APPELLANT/PLAINTIFF:
K.SRIKANT,
AGED 56 YEARS, S/O (LATE) P. KRISHNAN,
BUSINESS, SKYLINE FOUNDATIONS & STRUCTURES,
SKYLINE PLAZZA, VELLAYAMBALAM,
THIRUVANANTHAPURAM, RESIDING AT NACHIKETAM,
POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012.
BY ADV SRI.K.G.BALASUBRAMANIAN
RESPONDENT/DEFENDANT:
V.PREMALATHA, AGED56 YEARS,
W/O. KRISHNANKUTTY PILLAI, BUSINESS,
MAZHUVANCHERRY HOUSE, EAST CHALAKUDY,
CHALAKUDY P.O., THRISSUR DISTRICT, PIN-680 307.
BY ADV SHRI.SHEEJO CHACKO
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
27.08.2025, ALONG WITH RFA.216/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
RFA Nos. 127/2013 &216/2015
2
2025:KER:65775
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
RFA NO. 216 OF 2015
ARISING FROM THE JUDGMENT AND DECREE DATED 27.02.2015
IN OS NO.132 OF 2011 OF PRINCIPAL SUB COURT,IRINJALAKUDA
APPELLANT/PLAINTIFF:
K.SRIKANT,
AGED 58 YEARS, S/O.(LATE) P KRISHNAN, BUSINESS
SKYLINE FOUNDATIONS & STRUCTURES,SKYLINE PLAZA,
VELLAYAMBALAM, THIRUMALA VILLAGE,
THIRUVANANTHAPURAM,RESIDING AT NACHIKETAM,
POOJAPURA, THIRUVANANTHAPURAM, PIN- 695 012
BY ADV SRI.K.G.BALASUBRAMANIAN
RESPONDENT/DEFENDANT:
KRISHNANKUTTY,
AGED 64 YEARS, BUSINESS,
MAZHUVANCHERRY HOUSE, EAST CHALAKUDY,
CHALAKUDY P.O, THRISSUR DISTRICT, PIN-680 307.
BY ADV SHRI.SHEEJO CHACKO
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
27.08.2025, ALONG WITH RFA.127/2013, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
RFA Nos. 127/2013 &216/2015
3
2025:KER:65775
JUDGMENT
Dated this the 27th day of August, 2025
The matter has been settled. The joint statement signed by both
parties is accepted. Appeal is disposed of as per the terms of the joint
statement. The joint statement will form part of the judgment.
Refund the entire court fee to the appellant, in the light of the
decision in Noorudheen V. v. Muhammed Najmal [2021 (4) KLT
561].
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
statement RFA No.127/2oi3(CA-2o25ro34484)
lz\' 'rliti: tloNiBLF, iiiGII couRT oF KEltA|d^,
EIENAKULAM
RFA 127 of 2013 Between
AEPEELN_:_!=:=mLL4JRE:
K Srikant s/a (late) P Krishnan, aged 65, businesst Sky]inc
Fo`indations & Structures, Skyline Plaza, Vcllayamb&lam,
Thiruvananthapuran. residing at Nachiketam. Poojapura, Thi"vananthapuram 695 0 I 2 And _RE`SP_ONDENT®EFENDAN|:
V Premalatha w/o Krishaankufty Pillai, aged 68, business, whuvancheny f]Ous::+;:ng*fit#¥¥u¥'\£ chaickudy pO: 680307, Thrissur District joINT sTArfe rm,FI ANT AND `£`:i :, _RE?5,i . RE
1. The appeal is agtins{ the d 30.19.2C12 in OS 713#009
in the Court of Jridge, lrinjalrfuda
2.::essu:I;:et:::::¥;:ta`%€efi#¥":¥#to&!:gd3;rs:u:::all::;anct:::
throuch mediation out of court. Both sides hereby agree that no amount is due from/to them mutually toffrom the other. Full satisfaction of all their liabilities, entitlements, claims and rights in the suit in the trial court, above appeal andfor otherwise whatscever may be recorded.
3. Entire coon fee paid on the memorandum of appeal may be refunded to the appellant.
4. Par{ie§ agree to suffer their respeedve casts througivou£.
rELue
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FSO VERIFIED-3 s.atement 2 RFA No.12 712013 (CA-202 5-034484)
5. AccQedingly, this Hen'ble court may be Pleased to dispose of the above appeal as settled without.costs and to refund the court fee
paid on the memorandum of appeal to the appellant.
Dated this, the 9th day of
APPELLANT:
Counsel for the appellaut:
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FSO VERIFIED-3 statement RFA,No.21612015(CA-2025-034487)
]N THE HON.BLH I]IGil CounT oF Kr:RALA, I£ENAKULAM RFA 216 of 201 5 Betrvrm A._P_PELLANTff_LA[NRE:
K Srikant s/o Oats) P Krishaan, aged 65, business, Skyline Foundations & Structures, Skyline Plaza, Vcllayambalan. Thiruvananthapuram, residing at Nachiketam. Poojapura, Thinvamauthapuram 695 012 And RESPONDEFT/DEFEN`PALRE:
Krishnackutty. aged 68, business, Mazhuvancherry House, East Chalakudy, Chalckudy PO: Thris§ur District
in OS 132/2011 in
Judgej¥ifehjalckuda.
2, The subject mawit! Of the d all.`' di3fputes bctween the
parties have been sefued\betwderi th:tin to their mutual satisfaction throuch mediation oLlt `6f ^cogivv.i;&Qth` #des hereby agree that no
amount is due from/to them niutually to/from the other. Full
satisfaction of all their liabilities, entitlements, claims and rights in
the suit in the trial coun, above appeal and/or otherwise whatscever may be recorded.
3. The appellant shall be at liberty to withdraw the amount af costs deposited by him in the utah corty vide order dated 10,4.2015 on IA 79ifaoi 5.
4. Entire court fee paid on the memorandum of appeal may be refunded to the appellant-
liz tr-
5. Parties agree to suffer their respective costs throughout.
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FSO VERIFIED-30 stotemen[ RFANo.216/2015(CA-2025-034487)
6. Accordingly, tl`is non'tt|e eQiirt may be Pleased to diaposo or tlic
ahovc appe.ql as se{tl€d wit|iout cosl§ and t{I rotund llic co`irl fee
peid on the mem®mfldum of appeal to the appellam.
Dated this, the 10 ;...,`.,`..f August 2025
APPELLANT:
Counsel for the appellant
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FSO VERIFIED-30
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