High Court Kerala High Court

Joseph Cyriac vs Thankamma on 11 February, 2010

Kerala High Court
Joseph Cyriac vs Thankamma on 11 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 42 of 2002(C)


1. JOSEPH CYRIAC, S/O.KURIAKOSE,
                      ...  Petitioner

                        Vs



1. THANKAMMA, W/O.LAKSHMANAN,
                       ...       Respondent

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  :SRI.V.L.SHENOY

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :11/02/2010

 O R D E R
                 A.K. BASHEER & P.Q. BARKATH ALI, JJ.
           ------------------------------------------------------
                          A.S. 42 OF 2002 - C
           ------------------------------------------------------
                      Dated: FEBRUARY 11, 2010

                                JUDGMENT

Basheer, J.

When this appeal is taken up for consideration, it is submitted by

learned counsel for the parties that the matter has been settled out of

court. A compromise petition signed by the appellant, the

respondent and their respective counsel has also been filed

incorporating the terms of settlement.

2. Going by the terms of the compromise, the respondent is

permitted to withdraw a sum of Rs.2,65,000/- out of the amount lying

under attachment in EP No.85/1995 in OS No.6/1991 before the

Subordinate Judge’s Court, Cherthala. The said court shall disburse a

sum of Rs.2,65,000/- to the respondent if a motion in this regard is

made. The balance amount shall be released to the appellant. The

compromise petition shall form part of the judgment and decree.

The appeal is disposed of as above. Half court fee shall be

refunded to the appellant.

A.K. BASHEER, JUDGE

P.Q. BARKATH ALI, JUDGE

mt/-