IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 AS.NO. 62 OF 1998(A) -------------------- OS.160/1994 OF ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT(S)/PLAINTIFF: -------------------------------- A.B.T. PARCEL SERVICE, 10/XIII, KALINGARAYAN STREET, RAMANAGAR, COIMBATORE. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.M.P.SREEKRISHNAN SRI.S.PRAKASH SMT PARVATHI.A.MENON RESPONDENT(S)/DEFENDANT: ------------------------------------ P. ABRAHAM JOSE, S/O JOSEPH, PAYYAPPILLY, KORATTY, MUKUNDAPURAM TALUK, KORATTY SOUTH, CHIRANGARA. ADV. SRI.R.LAKSHMI NARAYAN FOR R SMT.R.RANJINI FOR R THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. NO. 62 OF 1998 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2011. J U D G M E N T The suit is one for realisation of the amount and the trial Court had dismissed the suit. It is against that decision the plaintiff has come up in appeal. Both the counsel appearing for the parties had tried their level best and had won the hearts of the client and now they have settled the matter whereby the defendant is agreeable for a consolidated amount of Rs.25,000/-. The learned counsel prays for some time to make the payment. I feel that some time can be given provided that he pays some amount within a stipulated period. Therefore the appeal is disposed of and the judgment and decree of the trial Court dismissing the suit are set aside and a decree is passed as follows. The plaintiff is granted a decree for a consolidated sum of Rs.25,000/- realisable from the defendant and the A.S. NO. 62 OF 1998 -2- defendant is directed to pay a sum of Rs.10,000/- within two months from today and the balance of Rs.15,000/- within two months from the date of payment of Rs.10,000/-, (i.e. totol four months). If the defendant fails to pay the sum of Rs.10,000/- within the stipulated period of two months from today the plaintiff is at liberty to proceed against the defendant for the realisation of the entire amount. Parties are directed to bear their respective costs. Refund of half Court fee is also allowed. M.N. KRISHNAN, JUDGE. ul/- A.S. NO. 62 OF 1998 -3- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No.62 OF 1998 = = = = = = = = = = = J U D G M E N T 17th January, 2011.