High Court of KeralaFAO/312/2014disposed of

Kattil Purayilmohan Kumar v. Siriac Mavilil

2015-01-21Honourable Mr.Justice T.R.Ramachandran Nair3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 FAO.No. 312 of 2014 () ----------------------- (AGAINST THE ORDER IN E.A.NO.132/2014 IN E.P.NO.58/2012 TRANSFERRED TO SUBORDINATE JUDGE, VATAKARA IN O.S.NO.102/2009 BEFORE THE SUBORDINATE JUDGE, HOSDURG DATED 20.9.2014) APPELLANT/PETITIONER IN EA 132/2014/JUDGMENT DEBTOR IN EP 58/2012-SUB JUDGE VATAKARA/DEFENDANTS IN OS 102/2009- SUB COURT, HOSDURG .:

-------------------------------------------------------------- KATTIL PURAYIL MOHAN KUMAR AGED 67 YEARS S/O.KUNHIRAMAN, NEAR MUNDOLATHIL TEMPLE AZHIYUR AMSOM DESOM, POST AZHIYUR, VATAKARA TALUK KOZHIKDOE DISTRICT, KERALA STATE.

BY ADVS.SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT/RESPONDENT IN EA 132/2014/DECREE HOLDER IN EP 58/2012-SUB JUDGE VATAKARA/PLAINTIFF IN OS 102/2009- SUB COURT, HOSDURG :

---------------------------- SIRIAC MAVILIL, AGED 54 YEARS S/O.JOSEPH, MALAKKALL, KALLAR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT-671 532, KERALA. BY ADV. SRI.P.NARAYANAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

- - - - - - - - - - - - - - - - - - - - - F.A.O.No.312 OF 2014 & I.A.No.69 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21th day of January, 2015

JUDGMENT

Ramachandran Nair, J.

I.A.No.69/2015 is one filed under Order XXIII Rule 3 of the Code of Civil Procedure. It is submitted by the learned counsel on both sides that the parties have settled the disputes. We have perused the terms of settlement which are provided in Clauses 4 to 7 of the petition. The appeal is disposed of as settled and the terms of settlement will form part of the judgment. We also direct return of the value of stamp paper produced by the respondent/decree holder for execution of the document pursuant to the confirmation of the sale to the respondent and appropriate steps will be taken by the court below in that regard. No costs.

T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.