High Court Kerala High Court

Velayudhankutty vs Thanka on 31 March, 2010

Kerala High Court
Velayudhankutty vs Thanka on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 202 of 2005()


1. VELAYUDHANKUTTY, AGED  63,
                      ...  Petitioner
2. BABU, AGED 34,
3. VARGHESE, AGED 42,

                        Vs



1. THANKA, DO. KUNDILAN VELAYUDHAN,
                       ...       Respondent

                For Petitioner  :SRI.GEORGE VARGHESE (MANACHIRACKEL)

                For Respondent  :SRI.P.N.RAMAKRISHNAN NAIR

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :31/03/2010

 O R D E R
              S.S.SATHEESACHANDRAN, J.
           ---------------------------------------
                  C.R.P.No.202 of 2005
           ---------------------------------------
          Dated this the 31st day of March, 2010

                        O R D E R

The judgment debtors, proceeded against for

violation of injunction and ordered to be detained in Civil

Prison for a period of 5 months, have filed this revision

challenging the propriety, correctness and legality of the

order passed by the learned Munsiff, Irinjalakuda.

2. When the matter came up for hearing,

counsel on both sides submitted that the parties have

reached a settlement by which the judgment debtors

(Condemners) proceeded against for violating the decree

have compensated the loss sustained by the decree

holder. Though the loss caused by the demolition of the

retaining wall had been quantified by the Commissioner

as Rs.1,600/- in 2002, it is submitted that the present

revision petitioners, for resolving the controversy and

terminating the proceedings, have paid a sum of

C.R.P.No.202 of 2005

:: 2 ::

Rs.7,500/- as compensation. It is also reported that

such sum has been received by the decree holder. It is

also reported that the decree holder has already sold

away the property covered by the decree.

3. In the light of the settlement arrived, as

submitted above, I find, the order passed by the court

below challenged in the revision deserves to be set aside

and it is ordered accordingly.

Civil Revision Petition is closed.

Sd/-

(S.S.SATHEESACHANDRAN)
JUDGE
sk/-

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