IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 672 of 1995(C)
1. ERATHAYANIKKAL CHELLAPPAN NAIR
... Petitioner
Vs
1. M.M.GOPINATHAN NAIR
... Respondent
For Petitioner :SRI.P.K.SURESH KUMAR,M.R.SREELATHA
For Respondent :SRI.O.V.MANIPRASAD
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/03/2009
O R D E R
P.N.RAVINDRAN, J.
-------------------------------------
A.S.No.672 of 1995
--------------------------------------
Dated 30th March, 2009
JUDGMENT
Heard Sri.P.K.Suresh Kumar, the learned counsel appearing
for the appellants and Sri.O.V.Maniprasad, the learned counsel
appearing for the respondent.
2. The appellants are the defendants in O.S.No.98 of 1992
on the file of the Court of the Subordinate Judge of Payyannur. The sole
respondent is the plaintiff therein. The suit instituted by the respondent
for realisation of the sum of Rs.75,000/= with interest and costs of the
suit was decreed in part, allowing the plaintiff to realise from the
defendants the sum of Rs.45,000/= together with interest thereon at the
rate of 12% per annum from the date of suit till realisation.
3. Pursuant to the orders passed by this Court on 22.1.2009
and 28.1.2009, the first appellant and the sole respondent were present
in person on 10.2.2009. The dispute between the parties was referrred
to the Mediation Centre for mediation and settlement. Sri.P.T.Girijan,
Advocate was appointed as Mediator and at the intervention of the
Mediator the dispute between the parties was amicably settled. As per
the terms of the settlement, the appellants had agreed to pay and the
respondent had agreed to receive in full and final settlement of his
A.S.672/1995 2
claims the sum of Rs.40,000/=. The time stipulated for payment of the
said sum was 30.3.2009. I accordingly adjourned this appeal for
further orders to 30.3.2009. Today when the case was taken up for
hearing, both sides submitted that as agreed to between the parties,
the appellants have paid to the respondent the sum of Rs.40,000/= in
full and final settlement of his claims in the suit from which this appeal
arises. In view of the settlement arrived at by and between the
parties and the payment of Rs.40,000/= made today, the decree and
judgment passed by the Court of the Subordinate Judge of Payyannur
in O.S.No.98 of 1992 are set aside and the appeal is disposed of as
settled out of court. The appellants will be entitled refund of the court
fee paid on the memorandum of appeal.
P.N.RAVINDRAN
Judge
TKS