IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 RSA.No. 165 of 2008() --------------------- AS.287/2005 of DISTRICT COURT, ERNAKULAM OS.61/1999 of MUNSIFF COURT, KOLENCHERRRY .................... : APPELLANT/APPELLANT/DEFENDANT ------------------------------------ SANTHA, S/O.LATE NARAYANAN, MUREECKAL HOUSE, THAMANIMATTOM, KARA, IKKARANADU SOUTH VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.N.K.MOHANLAL RESPONDENT:RESPONDENT/ PLAINTIFF ------------------------------------------- ALIAS, S/O.VARGHESE, POTTACKAL HOUSE, PULIYERANGU KARA, THIRUVANIYOOR VILLAGE, B.P.PURAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.S.K.BALACHANDRAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1986/2007 IN RSA NO.165/2007 7.3.2008 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge ORDER ON I.A.1986/2007 IN R.S.A.NO.165/2007 7.3.2008 DISMISSED SD/- M.SASIDHARAN NAMBIAR JUDGE /true copy/ P.S. To Judge M.SASIDHARAN NAMBIAR,J. =========================== R.S.A NO. 165 OF 2008 =========================== Dated this the 7th day of March, 2008 JUDGMENT Learned counsel appearing for the appellant submitted that the interest awarded is not at all reasonable and interest at 18% per annum from the date of institution of the suit till the date of the decree and thereafter 8% was awarded, eventhough there was no allegation that it is a commercial transaction and the very case was that amount was borrowed for marriage of the daughter of the appellant. Learned counsel appearing for respondent submitted that respondent has no objection for modifying the decree in accorance with law. It was agreed to by learned counsel appearing for appellant and respondent that the decree be modified with respect to the interest namely interest at 8% per annum from the date of institution of the suit till the date of the decree and thereafter at 6% per annum till realisation. R.S.A.165/2008 2 In view of the agreement arrived at by the learned counsel appearing for appellant and respondent, appeal is allowed in modification of the decree granted by the trial court as follows:- Appellant defendant is directed to pay Rs.63,525/- with interest at 8% per annum from the date of institution of the suit till the date of the decree of the trial court and thereafter at 6% per annum till realisation and costs. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006