RFA NO. 585 0F 2014 2025 : KER : 31948 IN THE HIGH CouRT oF KERAILA AT ERNAKULan4 PRESENT THE HONOURABliE MR. JUSTICE A. BAI)HARUDEEN TH`URSDAY, THE 10TH DAY OF APRIII 2025/20TH CIIAITIIRA, 1947 RFA NO. 585 0F 2014 AGAINST THE TtJDGRENT AND DECREE DATED 10.01.2014 IN OS NO.115 0F 20110F SUB CotJRT, THIRUVAIILA AppEI.InNI /I]EE.Eiro.Amp : KUNJunlJ AGED 41 YEARS W/O.ANIL THOMAS, KUILZENGARA HOUSE, pERunHURUTHy.p. o. , EZHIN]II,ILAM M[]RI, KA:vuncllAGOM vlLLAGE, THIRuvAI,IA TAI+uK, PATHANAIITHITTA DISTRICT. 8¥ anv RABu OOSEPH RESPONDENT /PILAINTIFF : ST.MARY' S EDUCATION AND CUI-TURAL SOCIETY REPRESENTED BY ITS MANAGER/SECRETARY, SARASH P.ABRAHAI4, S/O.P.I.ABRAHAM, MULanrooHIL vEEDu, pALlyEKKARA MURI , THIRuvALIA vll.IAGE & TAlrt7K-689645 BY ADVS . M.I.SURESH KUMAR MANJUSIIA K (K/000191/2018) SONA VldAYAN K. (K/004248/2024) THIS REGULAR FIRST APPEAL HAVING anMISsloN oN 10.04.2025, THE COuRT ON DELIVERED TIIE FOLLOWING : CODE UP FOR THE SAME DAY 2025 : KER : 31948 RFA NO. 585 0F 2014 JUDGMENT Dated this the loth day of April, 2025 This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, challenging judgment and decree dated 10.01.2014 in O.S.No.115/2011 on the files of the Sub Court, Thiruvalla. 2. The appellant herein is the defendant and the respondent herein is the plaintiff in the above suit. 3. In this case, the matter has been amicably settled and compromise entered into between the parties has been placed. 4. I have gone through the compromise and the same appears to be one acceptable. In view of the matter, the compromise is accepted.. 5. In view of the above, accepting the compromise, the decree and judgment under challenge stand interfered and .set aside in terms 'of the compromise. I 2025 : KER : 31948 RFA NO. 585 0F 2014 Accordingly, the regular first appeal stands allowed in terms of the compromise entered into between the parties. The compromise sha[[ form part of the first appel[ate decree. All inter]ocutory applications pending in this appeal •stand dismissed. Registry is directed to forward a copy of this judgment to the jurisdictional court forthwith. Sd/. A. BADHARUDEEN JUDGE nkr BEFORE THE HONOURABLE HIGH COURT OF KERALAAT ERNAKULAM RFANo 585of 2014 Kunjumol : Appellant/Defendant St. Mary's Educational and Cultural Society: Respondenvplaintiff COMPROMISE ENTERED INTO BETWEEN THE APELLANTAND THE RESPONDENT. 1. Appellant is the defendant in OS Not 15 of 2011 before the Sub Court Thiruvalla and the suit is filed for return of money by the respondent/ plaintiff. 2. As per judgment dated 10.1.2014 the Honourable Sub Court Thiruvalla decreed the suit. The appellant challenged the decree and judgement before this Honourable court in RFA No 585 of 2014 and the same is pending. 3. The matter being so both the appellant and the respondent have come to an amicable settlement of the disputes among themselves and has agreed to settle the matter amicably outside the court. 4. In view of the understanding and settlement between the parties the defendant/appellant in the suit will pay an amount of Rupees 3, 50,000/- to the plaintiff in full and final settlement of the dispute among themselves in OS Nol 15 of 2011 before the Sub Court Thiruvalla. 5. The respondent/ plaintiff has agreed to accept the amount of Rupees 3, 50,000 in full and final settlement of the dispute and submit that the decree and judgement passed on 10.1. 2014 in OS Not 15 of 2011 before the Sub Court Thiruvalla stands fully settled by this payment and he has no objection in this court allowing to record the compromise. 6. It is mutually agreed between the parties that the attachment made on the plaint schedule properties may be lifted as there exist no more claim against the appellant / defendant. FoisT.VArvsED AnoNAL&cuL" Autllori "" i8natory. WLnj-|Thrvus 7. The Appellanv defendant has procured a demand draft from M/s State Bank of India bearing number 620238 dated 28.3.2025 for an amount of Rupees 3,50,000/- which is handed over to the respondent/defendant and the receipt of the same is acknowledged by the respondenv plaintiff and has accepted the said demand draft in full and final settlement of his claim in OS Nol 15 of 2011 before the Sub Court Thiruvalla. 8. Both the parties have agreed to submit the above settlement memorandum before the honourable High Court of Kerala and the attachment made on the plaint schedule property. Both the parties have agreed to the terms and conditions submitted above and have put their signatures in the presence of their counsels. 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