IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 AS.No. 557 of 1993(Y) --------------------- OS.308/1978 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): -------------- STATE BANK OF INDIA, MAIN BRANCH, KOZHIKODE. BY ADV. SRI.K.JAYAKUMAR SRI.R.VIJAYAGOPAL RESPONDENT(S): --------------- 1.N.P.KESAVAN, S/O.NOTTAN, RESIDING IN KALATHENKUNNU AMSON AND DESOM OF KOZHIKODE TALUK. (DIED - LRs. IMPLEADED) 2.KALLIANI, W/O.N.P.KESAVAN, -DO- (DELETED) 3.THAIKKOOTAM PARAMBIL CHOYI, RESIDING IN EDAKKAD AMSOM, PUTHIYANGADI DESOM (DELETED) 4.RATNAKARAN, S/O.CHOYI, -DO- 5.RAMANI, D/O. -DO- -DO- 6.RAMANAN, S/O.-DO- -DO- 7.RENUKA, D/O.-DO- -DO- 8.MINOR RAMESAN, AGED 16, S/O.-DO- -DO- 9. MINOR RATHEESAN, AGED 14, S/O.- DO- (DIED) 10.MINOR RATHIKA, AGED 11, D/O.-DO- 11.MINOR RANJITH, S/O.- DO - ADDL. R12 TO R14 IMPLEADED : 12. DAMU @ DAMODARAN, S/O.N.P.KESAVAN, KALUKUDIPARAMBIL HOUSE, VELLAYIL P.O NADAKKAVU, KOZHIKODE 673 011. 13. N.P.KRISHNAN, S/O.N.P.KESAVAN, KUNNATHUTHAZHAM VAYAL, NEAR KUNNUMMAL TEMPLE, -DO- 14.SOBHA, D/O.N.P.KESAVAN AND W/O.SAMI, POOZHIYIL, PUTHIYANGADI, ATHANIKKAL, P.O. WEST HILL, KOZHIKODE 673 011. (R12 TO R14 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED R1 AS PER ORDER DT. 8.12.2004 IN IA.1895/04) RESPONDENT NO.9 DIED AND RESPONDENTS 4 TO 8, 10 AND 11 ` ARE RECORDED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R9 AS PER ORDER DT. 14.2.1996 VIDE MEMO DT. 20.12.1995. IT IS RECORDED THAT THE RESPONDENTS 8, 10 AND 11 WHO ARE SHOWN AS MINORS HAVE BECOME MAJORS; AS PER ORDER DT. 14.2.1996 VIDE MEMO DATED 20.12.1995. RESPONDENTS 2 AND 3 ARE DELETED FROM THE ARRAY OF PARTIES AT THE RISK OF THE petitioner AS PER ORDER DATED 5.3.1996 IN CMP 485/95. ADV. SRI.THOMAS ANTONY KALLANPALLY SRI.P.P.JNANASEKHARAN FOR SRI.K.M.JAMALUDHEEN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- A.S.No.557 of 1993 ---------------------------------------------- Dated 30th September, 2008. J U D G M E N T Sankaran, J. This appeal arises out of a suit filed by the appellant in the year 1978. The suit was filed for realization of Rs.81,371/-. The case of the plaintiff is that a term loan of Rs.50,000/- was granted to late Kesavan, the predecessor-in-interest of the respondents, to take over a fishing trawler by name Jayasree Anjana. The defendants inter alia contended that the suit is barred by limitation. The trial court dismissed the suit holding that there is no mortgage as claimed by the plaintiff. There was an appeal as A.S.148/83 before this court. The appeal was allowed and the suit was remanded to the trial court with certain directions. While remanding, this court upheld the finding of the trial court that there was no equitable mortgage. After remand, the question of limitation was considered by the court below under issue No.7 and it was held that Article 1 of the Limitation Act is not applicable and that there is no acknowledgment under Section 18 of the Limitation Act. AS NO.557/93 2 2. The main contention raised by the learned counsel for the appellant is that the court below did not properly consider the question of limitation. He pointed out that there was a valid acknowledgment, as borne out by records. It is also pointed out that as per Ext.A14, there was payment as well. 3. As it was thought that a further remand would cause great difficulties to the parties, the parties were directed to appear. Adv.Sri.M.S.Narayanan was requested to mediate. It is reported that as per the mediation, the parties have arrived at a settlement. It is agreed by the respondents that in full and final settlement of the plaint claim, they are prepared to pay a sum of Rs.30,000/- on or before 31.10.2008. The appellant Bank has also agreed to this suggestion made by the respondents. 4. Accordingly, the appeal is disposed of in the following manner : (1) In full and final settlement of the plaint claim, the respondents herein shall pay a sum of Rs.30,000/- to the appellant/plaintiff on or before 31.10.2008. (2) In case of default, the appellant/plaintiff would be entitled to realize the said amount with interest at 12% per annum from AS NO.557/93 3 today. (3) On payment of the sum of Rs.30,000/- as mentioned above, the appellant/plaintiff shall return all the relevant documents to the respondents. (4) The judgment and decree of the court below shall stand modified to the above extent. 5. We record our appreciation for the strenuous efforts taken by Adv.Sri.M.S.Narayanan, learned mediator. We direct the appellant Bank to pay a nominal remuneration to the tune of Rs.5,000/- to the mediator. In view of the settlement as above, one half of the court fee shall be refunded to the appellant. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- A.S.No.557 of 1993 ---------------------------------------------- J U D G M E N T Dated 30th September, 2008.