IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 RFA.No. 833 of 2009() --------------------- OS.16/2007 of SUB COURT, THIRUVALLA .................... APPELLANT/DEFENDANT --------------------------------------- A.N.GOPALAKRISHNAN,ASWATHY BHAVAN, MALLAPPALLY WEST.P.O,MANKUZHY PADI,MALLAPPALLY VILLAGE,MALLAPPALLY TALUK. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): PLAINTIFF ------------------------ SREEKANTH PADIMANNIL HOUSE, PADIMON.PO, MALLAPPALLY. ADV. SRI.P.HARIDAS FOR R THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.F.A.No. 833 OF 2009 ------------------------ Dated this the 3rd day of March, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal is a decree for money passed by the Subordinate Judge, Thiruvalla in a suit for money on the basis of a dishonoured cheque as well as a promissory note. No contest was raised and hence the suit was decreed ex parte. The appellant did not try to have the ex parte decree set aside. According to the appellant, on the basis of the dishonoured cheque, criminal proceedings were initiated invoking section 138 of the Negotiable Instrument Act and during the pendency of the criminal proceedings a substantial portion of the decree debt is already paid off. 2. Even though the learned counsel for the respondent, who entered appearance in the context of the delay petition, disputed the submission that substantial portion of the decree debt is paid off, he admitted that certain portions of the amounts have been received. The learned counsel for the appellant requested that the case be referred to the Adalath. We are not RFA.No.833/2009 2 inclined to do so. According to us, the plea which the appellant intends to take in defence, is a plea of discharge without voucher. It will be almost impossible for the appellant to substantiate that plea. However, considering the request of the learned counsel for the appellant that serious efforts are on to have settlement of the issues, we dispose of the appeal without interfering with the judgment and decree under appeal, directing the Execution Court not to take any coercive steps either against the appellant or his properties for a period of six months from today. It is open to the parties to have a settlement of all the issues between them in the meanwhile. In the peculiar circumstances of this case, we exonerate the appellant from the obligation of remitting the balance court fee. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk