High Court of KeralaRFA/595/2009disposed of

M/S.Ananth Oil Extractions Pvt.Ltd. v. G.P.Joskuttan & Others

2015-11-11Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 RFA.No. 595 of 2009 ( ) ------------------------ AGAINST THE ORDER/JUDGMENT IN OS 3/2005 of II ADDL.SUB COURT,ERNAKULAM DATED 06-03-2009 APPELLANT(S)/PLAINTIFF::

---------------------------------------------- M/S.ANANTH OIL EXTRACTIONS PVT.LTD.

REGISTERED COMPANY WITH ITS OFFICE AT VASUDEVA BUILDINGS, 2ND FLOOR, T.D.ROAD COCHIN-682 011, REPRESENTED BY ITS MANAGING DIRECTOR LATHA K.NAIR, NOW RESIDING AT 8, LINK HEIGHTS MARINE DRIVE, COCHIN -31.

BY ADVS.SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S)/DEFENDANTS::

----------------------------------------------------

1. G.P.JOSKUTTAN, S/O.GEORGE, PYNEDATH HOUSE, NORTHERN STREET, NJARAKKAL P.O.

2. MRS.SHEEBA MATHEW JOSKUTTAN, W/O.JOSKUTTAN, PYNEDATH HOUSE, NORTHERN STREET NJARAKKAL P.O.

* 3. MRS.THANKAMMA, W/O.T.N.PARAMESWARAN, THOTTUNGAL HOUSE, PALLURUTHY, COCHIN-6. (Deleted) * Name of R3 deleted from the party array vide order dated 11.11.2015 in IA.2294/15.

R1-R3 BY ADV. SRI.S.SREEKUMAR (SR.) THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V.ASHA, JJ.

----------------------------------- R.F.A.No.595 of 2009 ----------------------------------- Dated this the 11th day of November, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by the plaintiff in O.S.3/05 on the file of the Additional Sub Court, Ernakulam, challenging the judgment and decree dated 6.3.2009. By order dated 3.7.2015, this appeal was referred for mediation. Accordingly, the dispute was mediated at the Ernakulam Mediation Centre and the parties have entered into a memorandum of agreement dated 16.10.2015, settling the entire disputes. In view of the settlement thus arrived at, this appeal is disposed of directing that the parties will be governed by the terms of the agreement of settlement and that the decree will stand modified in terms thereof. The settlement agreement will form part of the judgment.

Appellant will be entitled to refund of the court fee paid on the appeal.

Sd/- ANTONY DOMINIC, Judge.

Sd/- P.V.ASHA, Judge.

kkb.

/True copy/ PS to Judge