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High Court of KeralaRFA/250/2014disposed of

Annakutty Joseph v. Laly Kuruvila

2015-07-10Honourable 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 MR. JUSTICE K.P.JYOTHINDRANATH FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 RFA.No. 250 of 2014 () ----------------------- AGAINST THE JUDGMENT IN OS 67/2011 of SUB COURT, PALA DATED 26-06-2012 APPELLANT/PLAINTIFF:

-------------------------------------------- ANNAKUTTY JOSEPH AGED 83 YEARS, W/O.K.K. JOSEPH, KOKKATTU HOUSE MALLIKASSERY KARA, ELIKULAM VILLAGE KANJIRAPPALLY TALUK NOW RESIDING WITH DR. SAJU JOSEPH PROVIDENCE OPPOSITE HOTEL ELEGANCE, KARUKUTTY, ANGAMALY - 683 576. BY ADVS.SRI.A.K.JAYAPRAKASH SRI.GIGIMON ISSAC RESPONDENTS/DEFENDANTS:

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1. LALY KURUVILA AGED ABOUT 63 YEARS, W/O. K.J. KURUVILA KOKKATTU HOUSE, MALLIKKASSERY KARA, ELIKULAM VILLAGE KANJIRAPALLY TALUK - 686 577.

2. DR. JOSE KURUVILA AGED ABOUT 33 YEARS, S/O. . K.J. KURUVILA KOKKATTU HOUSE, MALLIKKASSERY KARA, ELIKULAM VILLAGE KANJIRAPALLY TALUK - 686 577.

3. ANJU NEERAJ AGED ABOUT 40 YEARS, D/O. K.J. KURUVILA KOKKATTU HOUSE, MALLIKKASSERY KARA, ELIKULAM VILLAGE KANJIRAPALLY TALUK - 686 577.

4. ELSA MARY AGED ABOUT 30 YEARS, D/O. K.J. KURUVILA KOKKATTU HOUSE, MALLIKKASSERY KARA, ELIKULAM VILLAGE KANJIRAPALLY TALUK - 686 577.

RFA NO.250 OF 2014

5. ANIAMMA GEORGE @ ANU GEORGE, AGED ABOUT 53 YEARS, W/O. K.J. GEORGE KANICHAI PALAYAMPARAMBU P.O.

THRISSUR DISTRICT - 680 741.

6. SHEELAMMA JOSEPH @ SHEELAMMA SAJU AGED ABOUT 49 YEARS, W/O.DR. SAJUY JOSEPH PROVIDENCE OPPOSITE HOTEL ELEGANCE, KARUKUTTY ANGAMALY - 683 576.

7. THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LIMITED POONJAR, REPRESENTED BY ITS MANAGING DIRECTOR POONJAR KARA, POONJAR P.O., POONJAR THEKKEKARA VILLAGE MEENACHIL TALUK - 686 581.( DELETED)

8. THE MEENACHIL EAST UBRAN CO-OPERATIVE BANK LI ITED PINNACKANADU BRANCH REPRESENTED BY ITS BRANCH MANAGER, PINNAKANADU P.O. MEENACHIL TALUK - 686581.(DELETED) * RESPONDENTS 7 AND 8 DELETED AS PER ORDER DATED 10.07.2015 IN I.A.NO.713/2015.

R5-R6 BY ADV. SRI.BABY THOMAS R7 & 8 BY ADV. SRI.SHAJI THOMAS PORKKATTIL R7 & 8 BY ADV. SRI.N.NAGARESH R7 & 8 BY ADV. SRI.BINU PAUL R7 & 8 BY ADV. SRI.T.V.VINU R1-R4 BY ADV. SRI.P.C.HARIDAS THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.

- - - - - - - - - - - - - - - - - - - - - R.F.A.No.250 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the plaintiff in O.S.No.67/2011 on the file of the Subordinate Judge's Court, Pala. During the pendency of this appeal, the disputes between the parties have been settled and I.A.No.712/2015 has been filed under Order XXIII Rule 3 of Code of Civil Procedure. 2.

We heard the learned counsel on both sides.

It is prayed that the appeal may be disposed of in terms of the settlement arrived at between the parties. The appeal is disposed of as settled and the terms of settlement will form part of the judgment and decree. The parties will suffer their costs in the appeal. T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.