IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 247 of 2008()
1. A.R.GOPAKUMAR
... Petitioner
Vs
1. SAJI JOSEPH AND ORS.
... Respondent
For Petitioner :SRI.P.C.HARIDAS
For Respondent :K.B.ARUNKUMAR CAVEATOR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/03/2009
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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F.A.O.No.247 of 2008 &
W.P(C)No.28613/2008
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Dated this the 13th day of March, 2009
JUDGMENT
Sankaran,J.
The first respondent Saji Joseph filed O.S.No.169/1996
on the file of the Court of the Subordinate Judge of Pala against
the second respondent Komalavally for specific performance of an
agreement for sale of the plaint schedule property. Respondents
3 and 4, Joy Thomas and P.J.Jose were impleaded in the suit as
additional defendants 2 and 3. The suit was decreed by
judgment and decree dated 13th June 2008 directing the first
defendant Komalavally to execute a sale deed in respect of the
plaint schedule property in favour of the plaintiff after receiving
the balance sale consideration of Rs.1,10,000/-.
2. After the decree was passed, A.R.Gopakumar, the
appellant in the appeal and the petitioner in the writ petition,
filed I.A.Nos.975/2008 and 976/2008 to set aside the judgment
and decree and also to implead him as an additional defendant.
The court below dismissed the applications. Against the dismissal
F.A.O.No.247 of 2008 &
W.P(C)No.28613/2008 -:2:-
of the application to set aside the decree F.A.O.No.247/2008 is
filed. Against the dismissal of the application to implead the
petitioner, he has filed the writ petition.
3. The plaintiff and the first defendant have entered into a
compromise. The compromise is filed along with
I.A.No.912/2009 in the F.A.O. As per the compromise the
plaintiff has received a sum of Rs.2,50,000/- together with
interest, in full and final settlement of all his claims in
O.S.No.169/1996. It is made clear in the compromise that the
plaintiff does not have any further claim against the first
defendant. It is also prayed that the compromise may be
recorded and the suit may be dismissed as unnecessary.
4. Since the dispute between the plaintiff and the first
defendant has been compromised, it is submitted that the
judgment and decree in O.S.No.169/1996 may be set aside by
allowing F.A.O.No.247/2008 and W.P(C)No.28613/2008 and after
recording the compromise the suit may be dismissed. The
statement made by the parties is just and reasonable. We accept
the submission. The F.A.O. and the writ petition are allowed.
F.A.O.No.247 of 2008 &
W.P(C)No.28613/2008 -:3:-
The judgment and decree in O.S.No.169/1996 are set aside. The
compromise is recorded and the suit is dismissed in terms of the
compromise.
(KURIAN JOSEPH, JUDGE)
(K.T.SANKARAN, JUDGE)
ahg.
KURIAN JOSEPH &
K.T.SANKARAN, JJ.
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F.A.O.No.247 of 2008 &
W.P(C)No.28613/2008
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JUDGMENT
13th March 2009