IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 67 of 2010()
1. BABY MATHEW,AGED 48 YEARS,
... Petitioner
2. SOMATHEERAM AYURVEDIC BEACH,RESORT PVT.
Vs
1. BABY JOSEPH,AGED 55,S/O.JOSEPH,
... Respondent
2. POLLY MATHEW,S/O.A.J.MATHEW,AGED 58,
3. SOMATHEERAM AYURVEDIC HOSPITAL AND YOGA
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent :SRI.ALEXANDER JOSEPH
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :24/03/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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R.F.A.Nos. 67 & 109 of 2010
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Dated this the 24th day of March, 2010
JUDGMENT
Basheer, J.
These appeals are directed against the judgment and
decree in O.S. No.78 of 2007 on the file of the II Additional
Subordinate Judge’s Court, Ernakulam. R.F.A No 67 of
2010 has been preferred by defendants 3 and 4 and R.F.A
109 of 2010 is at the instance of defendants 1 and 2.
2. The Court below has granted a decree in favour of
the respondent No.1/plaintiff to recover a sum of
Rs.5,75,000/- from the defendants and their assets.
3. When these two appeals are taken up today for
consideration, it is submitted before us by the learned
counsel for the parties that the matter has been settled out
of court and that the appellants do not intend to prosecute
RFA 67 & 109/2010 2
the appeals any further. Learned counsel for respondent
No.1/plaintiff also submits that the decree has been
satisfied.
4. In paragraph 4 of the affidavit respondent
No.1/plaintiff has stated thus:-
4. From the very beginning, there was no
claim against the appellants, since the claim was
based on cheques. But now all the claims have
been settled out of court and therefore no further
claims subsist. This respondent further submits
that he will withdraw his entire claim as against
the appellant from the decree in O.S. No.78/2007
of Sub Court, Ernakulam and will submit memo
before the execution court, for recording the
claim as satisfied. Therefore, no further claim
will be raised in future, with respect to the
decree and judgment in O.S. No.78 of 2007 of
Sub Court, Ernakulam. Recording this statement
of withdrawing of claim against appellants, a
decree may be passed in the above regular first
appeal, in the interest of justice…”
5. Learned counsel for respondentNo.1/plaintiff
submits that in view of the fact that the entire claim has
been satisfied, appropriate steps will be taken to close the
execution petition, which is now pending. The above
submission is recorded.
RFA 67 & 109/2010 3
6. Accordingly, the appeals are disposed of in terms
of the settlement.
A.K.BASHEER, JUDGE.
P.Q.BARKATH ALI, JUDGE.
mn.