E.O.Mathew vs V.P.Paulose on 18 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RFA.No. 472 of 2009()


1. E.O.MATHEW, S/O. ULAHANNAN, AGED 55 YRS,
                      ...  Petitioner

                        Vs



1. V.P.PAULOSE, S/O. PAILY PAULOSE,
                       ...       Respondent

                For Petitioner  :SRI.P.SATHISAN

                For Respondent  :SRI.N.ANILKUMAR

The Hon'ble MR. Justice T.K.CHANDRASEKHARADAS(RETD. JUDGE)
SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

 Dated :18/08/2010

 O R D E R

SRI.P. JACOB VARGHESE
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
AND
SRI.K.SREELATHA DEVI
(RETD. DISTRICT JUDGE)

– – – – – – – – – – – – – – – – –

R.F.A NO.472 OF 2009

– – – – – – – – – – – – – – – – – – – – –

DATED THIS THE 6TH DAY OF JULY, 2010

A W A R D

Advocate Mrs.Geetha Potty representing

Adv.Mr.P.Satheesan for the appellant and petitioners in

the impleading petition No.2371/2010 is present.

Respondent is represented by Adv.Mr.Symanthak,

representing Adv.Mr.N.Anilkumar. It is submitted that

the sole appellant E.O.Mathew died during the pendency

of the appeal. Even before his death, he has filed a

withdrawal memo on 28th May 2010 which is signed by all

the parties and the advocate appearing for them. It is

recorded that the suit between the parties have been

fully and finally settled and there is no necessity for

prosecuting the appeal further. On the submission made

before the Hon’ble High Court on 02.07.2007 the case is

placed before the Adalat. The appellant filed I.A

No.2371/2010 for impleading the legal representatives

of the deceased appellant. The parties agreed that, the

impleading petition can be allowed and the Adalat may

R.F.A NO.472/2009
2

record the settlement by recording the joint memo that

the appeal is not pressed. The parties also request

that the Adalat may pass an award entitling refund the

full court fee paid in R.F.A.472/2009 to the appellant.

Therefore the case may be sent back to the court for

passing further orders of the impleading petition. The

case may be posted in the Adalat after getting further

orders from the Hon’ble High Court.

Sd/-

P. JACOB VARGHESE
(SENIOR ADVOCATE)

Sd/-

K.SREELATHA DEVI
(RETD. DISTRICT JUDGE)

ss/.

//True copy//

P.A to Judge