*1 K.C.Joseph vs Federal Bank Ltd Ho. Aluva on 17 March, 2021

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Kerala High Court

*1 K.C.Joseph vs Federal Bank Ltd Ho. Aluva on 17 March, 2021

Bench: Mary Joseph

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MRS. JUSTICE MARY JOSEPH

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                        RFA.No.566 OF 2006

  AGAINST THE JUDGMENT IN O.S.NO.40 OF 2004 DATED 30-07-2005 OF
                      SUB COURT, PAYYANNUR


APPELLANTS/DEFENDANTS 2&3:

      *1     K.C.JOSEPH, kALLAKUVAMKAL HOUSE,
             ALALKODE DESOM. [DIED]

      2      MARY W/O.K.C.JOSEPH,
             KALLAKAVUMKAL HOUSE, ALALKODE DESOM.

      3      CHACKO JOSEPH,
             S/O K.C.JOSEPH, KALLAKAVUMKAL HOUSE, ALALKODE DESOM.

      4      ANITT,
             D/O K.C.JOSEPH, DO....DO....

      5      BEENA,
             D/O K.C.JOSEPH, DO....DO....

      6      BINDU,
             D/O K.C.JOSEPH, DO....DO....

      7      VINOYI,
             S/O K.C.JOSEPH, DO....DO....
             (APPELLANTS 3 TO 7 ARE REPRESENTED BY P/A HOLDER, A3
             CHACKO JOSEPH, S/O K.C.JOSEPH,
             KALLAKAVUMKAL HOUSE, ALALKODE)

             * THE LEGAL HEIRS OF THE DECEASED 1ST APPELLANT ARE
             IMPLEADED AS ADDITIONAL APPELLANTS 3 TO 7 AND IT IS
             ALSO RECORDED THAT THE 2ND APPELLANT IS ONE OF HIS
             LEGAL HEIRS, VIDE ORDER DATED 3.3.17 IN I.A 1358/09


             BY ADVS. SRI.SUBHASH CYRIAC
                      SRI.K.K.SIVARAMAN
 RFA.No.566 OF 2006                  2



RESPONDENTS/PLAINTIFF AND 1ST DEFENDANT:

      1      FEDERAL BANK LTD HO. ALUVA
             BY ITS THALIPARAMBA BRANCH REPRESENTED BY
             CHIEF MANAGER.

      2      K.C. JACOB, KALLAKAVUNKAL HOUSE,
             ALALKODE DESOM.

             R1   BY   ADV.   SRI.MATHEW JACOB (KUNNATHU)
             R1   BY   ADV.   SRI.K.MADHUSOODANAN
             R1   BY   ADV.   SRI.T.G.PAUL
             R1   BY   ADV.   SRI.SYRIAC JOSEPH
             R2   BY   ADV.   SMT.T.T.JAYANTHY



     THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA.No.566 OF 2006                3




                             JUDGMENT

Dated this the 17th day of March, 2021 It is submitted by the parties that the issues among them have been settled out of court and therefore the appeal is not intended to be pursued with.

In the above circumstances, the appeal stands dismissed. On the basis of judgment of the Apex Court in High Court of Judicature at Madras rep. by its Registrar General v. M.C.Subramaniam and Others [2021 (2) KHC 62 (SC)], entire court fee paid in the appeal is ordered to be refunded to the appellants. Rs.2,70,000/- stands in deposit at the trial court as per direction of this Court while staying the impugned judgment shall be returned to the appellants.

Sd/-

MARY JOSEPH JUDGE NAB

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