BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS(RETD. JUDGE) & SHRI D.PAPPACHAN (RETD. DIST. JUDGE) WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 RFA.No. 472 of 2009() --------------------------------- OS.56/2008 of SUB COURT, PERUMBAVOOR ......................................................................... APPELLANT/DEFENDANT: *1.E.O.MATHEW (DIED), S/O. ULAHANNAN, AGED 55 YRS, EDAYANANI HOUSE, MALAYIDOMTHURUTHU KARA, KIZHAKKAMBALAM VILLAGE. 2. MERCY MATHEW AGED 50 YEARS, W/O E.O.MATHAI, EDAYANANI HOUSE, MALAYIDOMTHURUTHU KARA, KIZHAKKAMBALAM VILLAGE. 3. JOHN MATHEW, AGED 28 YRS, S/O. E.O. MATHEW, EDAYANANI HOUSE, MALAYIDOMTHURUTHU KARA, KIZHAKKAMBALAM VILLAGE. 4. JINU MATHEW, AGED 23 YRS, S/O. E.O. MATHEW, EDAYANANI HOUSE, MALAYIDOMTHURUTHU KARA, KIZHAKKAMBALAM VILLAGE. 5. JINSON MATHEW, AGED 19 YRS, S/O. E.O.MATHEW, EDAYANANI HOUSE, MALAYIDOMTHURUTHU KARA, KIZHAKKAMBALAM VILLAGE. (* LEGAL REPRESENTATIVES OF THE DECEASED APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 2 TO 5 AS PER ORDER IN I.A.2371/10 DTD.02.07.2010) BY ADV. MR.P.SATHISAN MR.P.C.ANIL KUMAR RESPONDENT(S): RESPONDENT: V.P.PAULOSE, S/O. PAILY PAULOSE, AGED 67 YEARS, VALETH HOUSE, KADAIRUPPU KARA, AIKARANADU NORTH VILLAGE. ADV. MR.N.ANILKUMAR FOR R1 THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 18/08/2010, THE ADALAT ON THE SAME DAY PASSED THE FOLLOWING: SRI.P. JACOB VARGHESE (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - R.F.A NO.472 OF 2009 - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 6TH DAY OF JULY, 2010 A W A R D Advocate Mrs.Geetha Potty representing Adv.Mr.P.Satheesan for the appellant and petitioners in the impleading petition No.2371/2010 is present. Respondent is represented by Adv.Mr.Symanthak, representing Adv.Mr.N.Anilkumar. It is submitted that the sole appellant E.O.Mathew died during the pendency of the appeal. Even before his death, he has filed a withdrawal memo on 28th May 2010 which is signed by all the parties and the advocate appearing for them. It is recorded that the suit between the parties have been fully and finally settled and there is no necessity for prosecuting the appeal further. On the submission made before the Hon’ble High Court on 02.07.2007 the case is placed before the Adalat. The appellant filed I.A No.2371/2010 for impleading the legal representatives of the deceased appellant. The parties agreed that, the impleading petition can be allowed and the Adalat may R.F.A NO.472/2009 2 record the settlement by recording the joint memo that the appeal is not pressed. The parties also request that the Adalat may pass an award entitling refund the full court fee paid in R.F.A.472/2009 to the appellant. Therefore the case may be sent back to the court for passing further orders of the impleading petition. The case may be posted in the Adalat after getting further orders from the Hon’ble High Court. Sd/- P. JACOB VARGHESE (SENIOR ADVOCATE) Sd/- K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge