High Court Kerala High Court

A.R.Gopakumar vs Saji Joseph And Ors on 13 March, 2009

Kerala High Court
A.R.Gopakumar vs Saji Joseph And Ors on 13 March, 2009
       

  

  

 
 
  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.
              -----------------------------------------
                     F.A.O.No.247 of 2008 &
                     W.P(C)No.28613/2008
              -----------------------------------------
            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.

—————————

F.A.O.No.247 of 2008 &
W.P(C)No.28613/2008

—————————-

JUDGMENT

13th March 2009