Syndicate Bank v. Elizabeth Alice Oomnnen

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 AS.No. 100 of 1995 (C) ----------------------- AGAINST THE ORDER/JUDGMENT IN OS 304/1991 of ADDL.SUB COURT, PALAKKAD DATED 22-09-1993 APPELLANT(S):

------------------------ SYNDICATE BANK, PADAGIRI, REP. BY THE MANAGER, PADAGIRI BRANCH BY ADVS.SRI.S.V.BALAKRISHNA IYER, SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN RESPONDENT(S):

---------------------------- 1.

ELIZEBATH ALICE OOMMEN, W/O.A.O.OOMMEN, ZINGIBERS ESTATE, PADAGIRI POST.

2.

THOMAS P. KOSHI, S/O.P.C.KOSHI, POLACHIRAKKAL HOUSE, MAVELIKKARA P.O.

3.

OOMMEN P. KOSHI, S/O.P.C.KOSHI, RESIDING AT POLACHIRAKKAL HOUSE, MAVELIKKARA P.O. R1 & R2 BY ADV. SRI.A.P.CHANDRASEKHARAN SRI. G.SHRIKUMAR R BY ADV. SRI.V.PREMCHAND THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV.

P.N.RAVINDRAN & ANIL K. NARENDRAN, JJ.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= A.S.No.100 of 1995 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of January, 2015

JUDGMENT

P.N.Ravindran, J.

The appellant has filed a memo dated 6.1.2015 stating that the respondent/borrower has paid the amounts due from him under a one-time settlement scheme and therefore, the appeal may be dismissed as settled out of court. The appellant has also prayed that one-half of the court fee paid on the memorandum of appeal may be refunded. In the light of the memo dated 6.1.2015, the appeal is dismissed as settled out of court. However, as no joint petition has been filed and the dispute was not settled either in the adalath or through mediation, the prayer for refund of court fee is declined.

Sd/- P.N.RAVINDRAN JUDGE Sd/- ANIL K. NARENDRAN JUDGE /true copy/ P.A. to Judge vpv