High Court of KeralaRFA/357/2014disposed of

State Bank Of Travancore v. Jayachandran Nair

2015-07-10Honourable Mr.Justice T.R.Ramachandran Nair2 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. 357 of 2014 () ----------------------- AGAINST THE JUDGMENT IN OS 250/2008 of PRINCIPAL SUB COURT,ATTINGAL DATED 16-08-2012 APPELLANT/1ST DEFENDANT:

--------------------------------------------------------- STATE BANK OF TRAVANCORE KILIMANOOR BRANCH, KILIMANOOR TRIVANDRUM REPRESENTED BY ITS BRANCH MANAGER. BY ADVS.SRI.R.S.KALKURA SMT.R.BINDU SMT.A.V.PRIYA SRI.HARISH GOPINATH SMT.M.K.LEELAKUMARI SRI.JOHNSON JOSE PANJIKKARAN SRI.SANIL KUNJACHAN SRI.K.KURIAN KOSHY RESPONDENTS/PLAINTIFF AND 2ND DEFENDANT:

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1. JAYACHANDRAN NAIR, AGED 56 YEARS S/O. KRISHNA PILLAI, K.K.HOUSE, PULIMATH PULIMATH VILLAGE, CHIRAYINKEEZH TALUK TRIVANDRUM DISTRICT-695612.

2. UNITED INDIA INSURANCE COMPANY LTD.

ATTINGAL BRANCH, ATTINGAL REPRESENTED BY ITS BRANCH MANAGER, ATTINGAL TRIVANDRUM-695101.

R1 BY ADV. SRI.SAJU.S.A R2 BY ADV. SRI.T.J.LAKSHMANAN IYER THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD 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.357 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is from the judgment and decree in O.S.No.250/2008 on the file of the Subordinate Judge's Court, Attingal. The appellant is the first defendant in the suit. During the pendency of the appeal, the disputes between the parties have been settled through mediation. The learned Mediator has produced the mediation settlement agreement. 2.

It is submitted by the learned counsel for the appellant that the settlement between the appellant and the first respondent alone was necessary and the Insurance Company is not required to be involved. We dispose of the appeal as settled and the terms of settlement will form part of the judgment and decree. The court fee paid on the memorandum of appeal will be refunded to the appellant. T.R.RAMACHANDRAN NAIR, JUDGE sv.

K.P.JYOTHINDRANATH, JUDGE