High Court of KeralaRFA/349/2010settled

M/S.Falcon Infrasructures Ltd v. C.M.Pocker

2015-07-07Honourable Mr. Justice Sunil Thomas,Honourable Mr.Justice Thottathil B.Radhakrishnan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 RFA.No. 349 of 2010 ------------------------ AGAINST THE JUDGMENT IN O.S.No.507/2007 OF ADDITIONAL SUB COURT, NORTH PARAVUR DATED 31-10-2009 APPELLANTS/DEFENDANTS :- ---------------------------------------------

1. M/S.FALCON INFRASTRUCTURES LTD., PUTHIYA ROAD JUNCTION, ELOOR ROAD, ELOOR, ELOOR VILLAGE, ERNAKULAM DISTRICT.

2. MOHAMMEDKUTTY.N.A @ MAMMOOTTY, MANAGING DIRECTOR, M/S.FALCON INFRASTRUCTURES LTD., PUTHIYA ROAD JUNCTION, ELOOR ROAD, ELOOR, ELOOR VILLAGE, ERNAKULAM DISTRICT.

BY ADVS.SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT/PLAINTIFF :- ----------------------------------------- C.M.POCKER, S/O.MAMUKOYA, CHINGAMPUNATHIL HOUSE, NORTH KALAMASSERY, ELOOR ROAD, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM.

R BY ADV. SRI.T.K.VENUGOPALAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07-07-2015, ALONG WITH RFA. 470/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.

=========================== R.F.A.Nos.349 & 470 of 2010 =========================== Dated this the 7th day of July, 2015

JUDGMENT

Thottathil B.Radhakrishnan, J.

These appeals arise from O.S.Nos.507 and 508 of 2007 of the Additional Sub Court, North Paravur. Parties have settled the litigations through mediation. Mediation settlement agreement dated 23.06.2015 is recorded and decrees are passed in both the suits in supersession of the decrees of the trial court, in terms of mediation settlement agreement. This judgment along with the mediation settlement agreement will be treated as decree in both the suits for all intents and purposes. Refund court fee paid on both the appeals to the respective learned counsel appearing for the appellants.

2. In terms of the mediation settlement as approved as part of this judgment, the appellants are entitled to get back the fixed deposit receipts as stated in Clause 4 of the memorandum of settlement.

RFA Nos.349&470/10 The Rent Control Court, North Paravur will also go by the settlement recorded in Clause 3 of the mediation settlement. It is so ordered. The appeals are ordered accordingly.

Sd/- THOTTATHIL B.RADHAKRISHNAN JUDGE Sd/- SUNIL THOMAS JUDGE rkj