IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 RFA.No. 207 of 2011 ---------------------------- [OS.NO.501/2008 OF ADDITIONAL SUB COURT,PARAVUR] .................... APPELLANT/PLAINTIFF: ----------------------------------- GOPAKUMAR,AGED 45 YEARS,S/O.NARAYANAN, EDATHIPARAMBIL HOUSE,ANNAMANADA KARA, PALISSERY VILLAGE,MUKUNDAPURAM TALUK. BY ADVS. SRI.C.P.WILSON, SMT.ROSE MICHAEL. RESPONDENT/DEFENDANT: ----------------------------------------- JACOB,S/O.CHAKKO,65 YEARS, CHENNOTHU HOUSE,CHENGAMANADU KARA, CHENGAMANDU VILLAGE,ALUVA TALUK, ANNAKKUTTY @ ANEES,62 YEARS,W/O.JACOB, CHENNOTHU HOUSE, CHENGAMANADU KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. BY THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ``````````````````````````````````````````````````````` R.F.A. No. 207 of 2011 ``````````````````````````````````````````````````````` Dated this the 28th day of March, 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. The plaintiff sued for return of advance on the basis of a contract for sale. The defendant raised a counter claim for `2,00,000/- on the basis of that contract. The court below found that the plaintiff is entitled to return of advance, however, granted the counter claim to the extent of `50,000/-. Though this appeal challenges the decree in the counter claim granting `50,000/-, the rejection of such amount from the total of the advance consideration as regards the suit is not under challenge. Therefore, we are of the view that this appeal is incompetent. The appeal is accordingly rejected. We also record the submission of the learned counsel for the appellant that the parties have arrived at a settlement out of RFA.207/2011 : 2 : court. On the basis of rejection of the appeal memorandum, the court fee paid on the appeal will be refunded. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. To Judge