IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 AS.No. 672 of 1995(C) --------------------- OS.98/1992 of SUB COURT, PAYYANNUR .................... APPELLANT(S): DEFENDANTS: ---------------------------------------------- 1. ERATTAYANIKKAL CHELLAPPAN NAIR, S/O.PARAMESWARAN NAIR, AGED 60 YEARS, CHERUPUZHA VAYAKKARA AMSOM, PULINGOMA DESOM. *2. MADANA MOHAN NAIR ALIAS BABU, AGED 36 YEARS, S/O.CHELLAPPAN NAIR, ERATTAYANIKKAL VEEDU, KOLUVALLI, CHERUPUZHA. ( D I E D) – LR'S IMPLEADED: 3. SURESH KUMAR ALIAS KUTTAN, AGED 27 YEARS, S/O.PADMANABHAN PILLAI, RESIDING AT MOORIKKADAVU, MANAKADAVU. 4. PADMANABHA PILLAI ALIAS BALAN PILLAI, KANAYA PLAKKAL, MOORIKADAVU, VELLAD AMSOM. *LR'S OF DECEASED 2ND APPELLANT: SUPPL.APPELLANT NO.5:SUMATHIAMMA, AGED 61 YEARS, W/O.CHELLAPPAN NAIR, ERATTAYANIKKAL, CHERUPUZHA, VAYAKKARA AMSOM, PULINGOME DESOM. SUPPL.APPELLANT NO.6:SUBADRA,W/O.MADANA MOHAN NAIR, AGED 30 YEARS, ERATTAYANIKKAL, CHERUPUZHA, VAYAKKARA AMSOM, PULINGOME DESOM. Kss ..2/- ..2.... A.S.NO.672/1995 SUPPL.APPELLANT NO.7: HARIKRISHNAN M.NAIR, S/O.MADANA MOHAN NAIR, AGED 3 YEARS, REPRESENTED BY MOTHER, SMT. SUBADRA (5TH APPELLANT HEREIN). *SUPPLEMENTAL APPELLANTS 5 TO 7 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF DECEASED 2ND APPELLANT VIDE ORDER DTD. 6/12/2001 IN CMP.NO.3798/2001. BY ADVS. MR.P.K.SURESH KUMAR, MR.K.P.SUDHEER. RESPONDENT(S): PLAINTIFF: -------------------------------------------- M.M.GOPINATHAN NAIR, S/O.MADHAVAN NAIR, AGED 40 YEARS, MADATHIL, RESIDING AT ALAKKODE AMSOM, ARANGAM DESOM. BY ADV. SRI.O.V.MANIPRASAD THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.5043/1995 IN A.S.NO.672/1995 DISMISSED 30/03/2009 SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- A.S.No.672 of 1995 -------------------------------------- Dated 30th March, 2009 JUDGMENT Heard Sri.P.K.Suresh Kumar, the learned counsel appearing for the appellants and Sri.O.V.Maniprasad, the learned counsel appearing for the respondent. 2. The appellants are the defendants in O.S.No.98 of 1992 on the file of the Court of the Subordinate Judge of Payyannur. The sole respondent is the plaintiff therein. The suit instituted by the respondent for realisation of the sum of Rs.75,000/= with interest and costs of the suit was decreed in part, allowing the plaintiff to realise from the defendants the sum of Rs.45,000/= together with interest thereon at the rate of 12% per annum from the date of suit till realisation. 3. Pursuant to the orders passed by this Court on 22.1.2009 and 28.1.2009, the first appellant and the sole respondent were present in person on 10.2.2009. The dispute between the parties was referrred to the Mediation Centre for mediation and settlement. Sri.P.T.Girijan, Advocate was appointed as Mediator and at the intervention of the Mediator the dispute between the parties was amicably settled. As per the terms of the settlement, the appellants had agreed to pay and the respondent had agreed to receive in full and final settlement of his A.S.672/1995 2 claims the sum of Rs.40,000/=. The time stipulated for payment of the said sum was 30.3.2009. I accordingly adjourned this appeal for further orders to 30.3.2009. Today when the case was taken up for hearing, both sides submitted that as agreed to between the parties, the appellants have paid to the respondent the sum of Rs.40,000/= in full and final settlement of his claims in the suit from which this appeal arises. In view of the settlement arrived at by and between the parties and the payment of Rs.40,000/= made today, the decree and judgment passed by the Court of the Subordinate Judge of Payyannur in O.S.No.98 of 1992 are set aside and the appeal is disposed of as settled out of court. The appellants will be entitled refund of the court fee paid on the memorandum of appeal. P.N.RAVINDRAN Judge TKS