Benny Mathew vs Chandy

Type Court Judgment Court Kerala Orders Decided Aug 06, 2021

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https://sooperkanoon.com/case/1652541

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Citation: sooperkanoon.com/1652541
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Aug 06, 2021
Case Number: RFA/624/2011

Parties & Advocates

Appellant / Petitioner

Benny Mathew

Respondent

Chandy

Excerpt

in the high court of kerala at ernakulampresent the honourable mrs. justice mary joseph friday, the 6th day of august 2021 / 15th sravana, 1943 rfa no. 624 of 2011 against the judgment and decree dated 22.03.2011 in o.s no.264/2009 of subodinate judges court, pala.appellant/plaintiff: benny mathew, s/o mathai, mudakkalil house,puliyannoor kara and village, meenachil taluk. by advs. sri.mathew john (k) sri.domson j.vattakkuzhy respondent/defendant: chandy, s/o.thomman, elavungal, vallichira kara and village, meenachil taluk 686 575. by adv. sri.joseph t.john this regular first appeal having come up for final hearing on 06.08.2021, the court on the same day delivered the following: rfa 624 of 2011 2judgmentdated this the 6th day of august, 2021 a memo has been filed stating that the appellant is not intended to pursue the appeal any further in view of the settlement arrived at among the parties out of court. in view of the submission and memo filed, this court is inclined to dismiss the appeal as not pressed.2. it is found that an interim injunction has beenpassed by this court in the appeal at the time of admission. interim order of injunction stands vacated in view of the dismissal of the appeal. the fact that the order has been vacated must be communicated to the s.r.o meenachil immediately. sd/- mary joseph judge jj

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 6TH DAY OF AUGUST 2021 / 15TH SRAVANA, 1943 RFA NO. 624 OF 2011 AGAINST THE JUDGMENT AND DECREE DATED 22.03.2011 IN O.S NO.264/2009 OF SUBODINATE JUDGES COURT, PALA.

APPELLANT/PLAINTIFF: BENNY MATHEW, S/O MATHAI, MUDAKKALIL HOUSE,PULIYANNOOR KARA AND VILLAGE, MEENACHIL TALUK. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY RESPONDENT/DEFENDANT: CHANDY, S/O.THOMMAN, ELAVUNGAL, VALLICHIRA KARA AND VILLAGE, MEENACHIL TALUK 686 575. BY ADV. SRI.JOSEPH T.JOHN THIS REGULAR FIRST APPEAL HAVING COME UP FOR FINAL HEARING ON 06.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RFA 624 of 2011 2

JUDGMENT

Dated this the 6th day of August, 2021 A memo has been filed stating that the appellant is not intended to pursue the appeal any further in view of the settlement arrived at among the parties out of court. In view of the submission and memo filed, this Court is inclined to dismiss the appeal as not pressed.

2. It is found that an interim injunction has been

passed by this Court in the appeal at the time of admission. Interim order of injunction stands vacated in view of the dismissal of the appeal. The fact that the order has been vacated must be communicated to the S.R.O Meenachil immediately. Sd/- MARY JOSEPH JUDGE JJ

Same Court & Year Kerala Orders · 2021 Same Parties Benny Mathew vs Chandy Same Judge Honourable Mrs. Justice Mary Joseph