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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
GEETHA – Appellant
Versus
SUMADETHAN – Respondent
| Table of Content |
|---|
| 1. nature of the original claim and judgment (Para 1 , 2) |
| 2. payment confirmation and its implications (Para 3 , 4) |
| 3. court's decision regarding the appeal and re-conveyance (Para 5 , 6) |
JUDGMENT
The appeal arises out of the judgment and decree in O.S.No.309/2012 on the files of Munsiff Court, Haripad confirmed in A.S.No.12/2017 on the files of Additional District Court-I, Mavelikara.
2. The suit was one for realisation of money based on the promissory note. By the judgment and decree dated 31.07.2015, the trial court decreed the suit permitting the plaintiff to realise a sum of Rs.1,00,000/- together with interest at the rate of 6%. It was confirmed by the 1st appellate court.
3. It is stated across the Bar that during pendency of the appeal, the appellant has paid a sum of Rs.1,10,000/- to the counsel appearing on behalf of the plaintiff before the court below. Accordingly, an affidavit dated 04.07.2025 has been filed for the said purpose. On going through the affidavit, it is seen that the date of payment is on 23.06.2025 which is confirmed by the learned counsel for the respondent/plaintiff.
4. It is also brought to the notice of this Court that in EP No.63/2016, tha
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