Sunil, vs Bindu,

SUNIL, vs BINDU,

Type Court Judgment Court Kerala Decided Jul 03, 2023

~2 min read

https://sooperkanoon.com/case/1399246

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1399246
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jul 03, 2023
Case Number: FAO/4/2023

Parties & Advocates

Appellant / Petitioner

SUNIL,

Respondent

BINDU,

Excerpt

.....same day delivered the following:judgmentanil k.narendran, j.the appellant is the 1st defendant in o.s.no.14 of 2011on the file of the sub court, neyyatinkara, which was one filed by the 3rd respondent herein-plaintiff for recovery of an amount of rs.2,00,000/- on the strength of a cheque alleged to have been issued by the appellant. other consequential reliefs were also sought for. in that suit, the appellant was set ex parte and an ex parte decree was also passed. seeking anorder to set aside that ex parte decree, appellant filedr.p.no.58 of 2018 along with i.a.no.59 of 2018 for condonation of delay of 856 days. those applications ended in dismissal by the order dated 02.12.2021, which is under challenge in this appeal filed invoking the provisions underorder xliii rule 1(d) of the code of civil procedure, 1908.2. this appeal is filed along with c.m.application no.2of 2023 for condonation of delay of 253 days. on 12.01.2023, when this matter came up for consideration, this court ordered notice to the respondents in that c.m. application.3. today, when this matter is taken up forconsideration, the learned counsel for the appellant-1 st defendant would submit that the matter has already been settled between the parties and as such, the appellant do not want to prosecute this appeal further . recording the above submission made by the learned counsel for the appellant-1st defendant, this appeal is dismissed. anil k. narendran, judge p.g. ajithkumar, judge pv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 3RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 AGAINST COMMON ORDER DATED 02.12.2021 IN I.A NO.58 OF 2018(WRONGLY STATED AS R.P.NO.58 OF 2018) AND I.A.NO.59 OF 2018 IN O.S.NO.14 OF 2011 OF SUB JUDGE'S COURT,NEYYATTINKARA APPELLANT/1ST PETITIONER/1ST DEFENDANT: SUNIL, AGED 46 YEARS S/O.THOMAS, NETTARATHALAMELE PUTHEN VEEDU, BY ADV. THOMSTINE K.AUGUSTINE RESPONDENTS/PETITIONERS 2 AND 3 AND COUNTER PETITIONER/DEFENDANTS 2 & 3 AND PLAINTIFF: 1 BINDU, W/O.SUNIL, NETTARATHALAMELE PUTHEN VEEDU, 2 RAJAMMA, NETTARATHALAMELE PUTHEN VEEDU, MARUTHAMCODE, KEEZHAROOR VILLAGE, KEEZHAROOR P.O., 3 MANOJ KUMAR, S/O.SREEDHARAN NAIR, SREELAKSHMI NIVAS, MARUTHAMCODE, KEEZHAROOR, NEYYATTINKARA, THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K.Narendran, J.

The appellant is the 1st defendant in O.S.No.14 of 2011

on the file of the Sub Court, Neyyatinkara, which was one filed by the 3rd respondent herein-plaintiff for recovery of an amount of Rs.2,00,000/- on the strength of a cheque alleged to have been issued by the appellant. Other consequential reliefs were also sought for. In that suit, the appellant was set ex parte and an ex parte decree was also passed. Seeking an

order to set aside that ex parte decree, appellant filed

R.P.No.58 of 2018 along with I.A.No.59 of 2018 for condonation of delay of 856 days. Those applications ended in dismissal by the order dated 02.12.2021, which is under challenge in this appeal filed invoking the provisions under

Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908.

2. This appeal is filed along with C.M.Application No.2

of 2023 for condonation of delay of 253 days. On 12.01.2023, when this matter came up for consideration, this Court ordered notice to the respondents in that C.M. Application.

3. Today, when this matter is taken up for

consideration, the learned counsel for the appellant-1 st defendant would submit that the matter has already been settled between the parties and as such, the appellant do not want to prosecute this appeal further . Recording the above submission made by the learned counsel for the appellant-1st defendant, this appeal is dismissed. ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE PV

Same Court & Year Kerala · 2023 Same Parties SUNIL, vs BINDU, Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...