BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SHRI.M.R.RAJENDRAN NAIR (SR.ADVOCATE) & SMT.K.SREELATHA DEVI (RETD. DIST.JUDGE) TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 RFA.No. 267 of 2008() ------------------- OS.329/2003 of PRL.SUB COURT,KOTTAYAM .................. APPELLANTS/DEFENDANTS 1 &2 -------------------------- 1. JOHN,S/O.JOSEPH (DIED),RESIDING AT MANJAPPALLIL MANNAR KARA,POOZHIKOLE P.O,KADUTHURUTHY VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT. 2. THOMAS @ RAJU,S/O.JOHN,RESIDING AT MAJAPPALLIL,MANNAR KARA,POOZHIKOLE P.O, KADUTHURUTHY VILLAGE,VAIKOM TALUK,KOTTAYAM DIST. ADDL.*A3. KUNJAMMA JOHN, W/O.JOHN, MANJAPPALLIL HOUSE, MANNAR KARA,POOZHIKOLE P.O,KADUTHURUTHY VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT. *A4. ROY JOHN, S/O. JOHN, MANJAPPALLIL HOUSE, MANNAR KARA,POOZHIKOLE P.O,KADUTHURUTHY VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT. *A6. REENA JOHN, S/O. JOHN, MANJAPPALLIL HOUSE, MANNAR KARA,POOZHIKOLE P.O,KADUTHURUTHY VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE (*THE LEGAL REPRESENTATIVES OF DECEASED APPELLANT NO.1 ARE IMPLEADED AS ADDITIONAL APPELLANTS 3 TO 6 VIDE ORDER DTD.08.04.2010 IN I.A NO.1341/2010) RESPONDENT(S): -------------- 1. CELINE JOSE,W/O.JOSE (DIED),RESIDING AT MANJAPPALLIL,KANNAR KARA,POOZHIKOLE P.O, KADUTHURUTHY VILLAGE,VAIKOM TALUK,KOTTAYAM DIST. 2. JERIN JOSELIN,D/O.JOSE,RESIDING AT MANJAPPALLIL,KANNAR KARA,POOZHIKOLE P.O, KADUTHURUTHY VILLAGE,VAIKOM TALUK,KOTTAYAM DIST. 3. SHERIN JOSELIN,D/O.JOSE,-RESIDING AT MANJAPPALLIL,KANNAR KARA,POOZHIKOLE P.O, KADUTHURUTHY VILLAGE,VAIKOM TALUK,KOTTAYAM DIST. ( IT IS RECORDED THAT RESPONDENTS 2 AND 3 IN THE PARTY ARRAY ARE THE LEGAL REPRESENTATIVES OF DECEASED IST RESPONDENT VIDE ORDER DT.08.04.2010 IN I.A.1342/2010) ADV. SRI.JOMY GEORGE FOR R1 SRI.JOMY GEORGE FOR R2-3 SRI.M.J.BENNY FOR R2-3 SRI.P.REJINARK FOR R2-3 THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 22/06/2010, THE ADALATT ON THE SAME DAY PASSED THE FOLLOWING: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SMT.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - R.F.A.NO.267 OF 2008 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 22nd DAY OF JUNE, 2010 A W A R D This appeal is against the decree in original suit No.329/2003 filed by Mrs.Celine Jose and two others. During the pendency of this appeal, respondent 1 who was originally the Ist respondent, died. The respondents 2 and 3 were the plaintiffs 2 and 3, are the only legal representatives of deceased Ist respondent, they were regarded as the legal heirs of Ist respondent. During the pendency of this appeal, Ist appellant died and legal heirs are on record. Today counsel on both sides and parties are present. Parties have settled their disputes out of court on the basis of an agreement dated 15.03.2010. According to which, the original suit will stand withdrawn. 2. There are other stipulations also in the said agreement. Parties agree to have the decree and judgment set aside and treat the original suit No.329/2003 on the file of Sub Court, Kottayam as withdrawn in terms of the settlement dated 15.03.2010, copy of which is placed on record in this file. R.F.A.NO.267/2008 2 On this basis, the original suit No.329/2003 of Principal Sub Court, Kottayam is treated as withdrawn and the attachment and all other interim orders are treated as vacated. The appellant will get a full refund of court fee paid before the High Court of Kerala. Sd/- RI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE) Sd/- K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge