MOIDEENKUTTY Vs. ABRAHAM GEORGE

JUDGEMENT

(1.) Heard.

(2.) The present appeal is directed against the final judgment and order dated 11th March, 2022, passed by the High Court of Kerala at Ernakulam[Hereinafter, referred to as the "High Court".] in RFA No.563 of 2014, arising out of Original Suit No.34 of 2010, whereby the High Court reversed the judgment and decree dated 27th November, 2013, passed by the Court of the Subordinate Judge, Manjeri[Hereinafter, referred to as the "trial Court".]. Vide the impugned judgment, the High Court held the appellant[Hereinafter, referred to as the "plaintiff-appellant".] to be in breach of the agreement (Exh. A- 1); allowed the appeal preferred by the respondent[Hereinafter, referred to as the "defendant-respondent".], and remanded the matter to the trial Court for the limited purpose of examining whether the defendantrespondent had suffered any compensable loss and whether such loss could be set-off against the plaintiff-appellant's claim.

(3.) The facts relevant and necessary for the adjudication of the present appeal, for the sake of convenience, are mentioned herein.