Mohammed vs. Sreejith S.Nair

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`

RFA.No. 507 of 2012 (C) ----------------------------------

IN OS.NO.520/2009 of ADDITIONAL SUB COURT, NORTH PARAVUR

APPELLANT(S)/DEFENDANT:

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MOHAMMED S/O.KUNJU, MUKULARKUDY, EDATHALA P.O. ALUVA EAST VILLAGE, ALUVA TALUK.

BY ADVS.SRI.P.K.IBRAHIM SMT.A.A.SHIBI

RESPONDENT(S)/PLAINTIFF: -----------------------------------------

1. SREEJITH S.NAIR S/O.SASIDARAN, LIC PLOT NO.616, PANAMPALLY NAGAR, PIN-682 036, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

2. LAKSMI NARAYANAN, W/O.SREEJITH S.NAIR, LIC PLOT NO.616, PANAMPALLY NAGAR, PIN-682 036, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

R1 & R2 BY ADVS. SRI.MEIJO KURIAN PUVATHINGAL SRI.K.V.JAYADEEP MENON BY ADV. SRI.T.P.RAMESH (THENGUMPILLIL)

THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MJL

Thottathil B.Radhakrishnan & A.V.Ramakrishna Pillai, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.507 of 2012-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of October, 2012. Judgment Thottathil B.Radhakrishnan, J. Memo dated 1st October, 2012 filed by the learned

counsel for the respondents is recorded. It states that the parties have settled the case out of court and there is a full and final settlement of the claim.

In view of the aforesaid memo, there is no subsisting cause of action for the appellant to institute or prosecute the appeal in hand. Accordingly, this appeal is rejected. Following such rejection, the entire court fee paid on the memorandum of appeal will be refunded to the appellant.

Thottathil B.Radhakrishnan Judge

A.V.Ramakrishna Pillai Judge

Sha/051012