IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 AS.No. 591 of 1997() -------------------- OS.471/1994 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): PLAINTIFF -------------- THE DHANALAKSHMI BANK LTD, SHANMUGHAM ROAD BRANCH, ERNAKULAM, COCHIN - 682 031 BY ASSISTANT GENERAL MANAGER R.S. RAMAKRISHNAN, SON OF SANKARANARAYANAN BY ADV. SRI.T.V.ANANTHAN SRI.C.D.JOSE RESPONDENT(S): DEFENDANT --------------- 1. P.M.JOHN, BUSINESS, S/O LATE P.O.MATHEW PATTASSERIL HOUSE, P.H.EXTENSION ROAD CEMETERY JUNCTION, ERNAKULAM COCHIN -18, PROPRIETOR M/S COCHIN STEEL TRADING COMPANY MUSLIM STREET, ERNAKULAM COCHIN - 682 031 ( DIED) ADDITIONAL RESPONDENTS 2. CELINE JOHN, AGED ABOUT 55 YEARS W/O SRI.P.M.JOHN, PATTASSERY HOUSE JUDGE'S AVENUE , II CROSS ROAD LISIE JUNCTION, KALOOR, ERNAKULAM 3. SHAFI PATTASSERY, AGED ABOUT 33 YEARS S/O P.M. JOHN, DO- DO- 4. SEN PATTASSERY, AGED ABOUT 30 YEARS DO - DO- DO- Legal representatives of the deceased sole respondent are impleaded as additional respondents 2 to 4 as per order dated 11-06-2009 on IA.No.689/2007 ADV. SRI.SHAJI P.CHALY FOR R.2TO4 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - A.S.No.591 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2009 JUDGMENT As agreed by both sides, appeal is allowed by way of remand. Matter is remanded to the lower court for fresh disposal. Both parties are entitled to adduce further evidence, if any. Both counsel submit that there is a possibility of settlement also. Since the suit is of the year 1994, the lower court shall dispose of the suit as early as possible, but not later than six months from the date of receipt of a copy of this judgment and receipt of the records. Parties shall appear before the lower court on 15/09/2009. Refund full court fee to the counsel for the appellant. Transmit the records to the lower court within a week. P.Q.BARKATH ALI JUDGE sv.