Aboo v. Subramanian

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 FAO.No. 110 of 2012 () ----------------------- AGAINST THE ORDER/JUDGMENT IN OS 16/2001 of PRL.SUB COURT,THRISSUR APPELLANT IN FAO-APPLICANT IN EA -JUDGMENT-DEBTOR NO.6 : ------------------------------------------------------- ABOO S/O.MOHAMMED HAJI, POOKKAKKILLATH HOUSE 159/9 KSHB COLONY, PULLAZHI VILLAGE AND DESOM THRISSURDISTRICT.

(DIED) ADDL. APPELLANTS **2. SULEKHA, W/O. BASHEER, MATHILAKATH HOUSE, PONMANIKUDAM, DESOM, PERINJATHRA VILLAGE, KODUNGALLUR TALUK, PIN: 680 686 **3. SUBIDHA, W/O.ANIL, "SWATHI", trial court.36/1325, WEST FORT, VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695 008 **4. SOUDHA, W/O.ABOO, P.B.NO.41881, SHARJAH, UAE, NOW RESIDING AT CHIRAKKAL HOUSE, KSHB, PULLAZHI P.O., THRISSUR.

**5. MOHAMMED CHIRAKKAL, S/O.ABOO, P.B.NO.41881, SHARJAH, UAE., REPRESENTED BY HIS POWER OF ATTORNEY SOUDHA, APPLICANT NO.3, RESIDING AT CHIRAKKAL HOUSE, KSHB, PULLAZHI P.O., THRISSUR.

** RESPONDENTS 3 TO 5 ARE TRANSPOSED AS ADDL.APPELLANTS 2 TO 4 VIDE ORDER DATED 1.3.2013 IN IA 303/13 AND ADDL. APPELLANTS 2 TO 4 ARE RECORDED AND ADDL. APPELLANT 5 IS IMPLEADED AS LRS OF THE DECEASED SOLE APPELLANT VIDE ORDER DATED 1.3.2013 IN IA 302/13. BY ADVS.SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.B.SUBRAMANYAN RESPONDENTS IN FAO-RESPONDENT IN EA-DECREE-HOLDER AND JUDGMENTDEBTORS:

1. SUBRAMANIAN S/O.SANKARAN, PULIAMBRA HOUSE MULLASSERY VILLAGE AND DESOM, CHAVAKKAD, PIN - 680 506.

FAO.No. 110 of 2012

2. RUGMINI W/O.SUBRAMANIAN, IN DO. DO.

** 3. SULEKHA W/O.BASHEER, MATHILAKATH HOUSE, PONMANIKUDAM DESOM PERINJATHARA VILLAGE, KODUNGALLUR TALUK, IN - 680 686. ** 4. SUBAIDA W/O.ANIL, "SWATHI", TC 36/1325 WEST FORT, VALLAKKADAVU P.O.

THIRUVANANTHAPURAM - 695 008.

** 5. SOUDHA W/O.ABOO, PB.NO.41881, SHARJAH U.A.E.

**RESPONDENTS 3 TO 5 ARE TRANSPOSED AS ADDL.APPELLANTS 2 TO 4 VIDE ORDER DATED 1.3.13 IN IA 303/13.

R1 BY ADV. SRI.P.V.CHANDRA MOHAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC

ANTONY DOMINIC & P.V.ASHA, JJ.

F.A.O.No.110 of 2012 Dated this the 11th day of September, 2015

JUDGMENT

Antony Dominic, J This appeal arises from the order in E.A.No.1189 of 2010 in E.P.No.405 of 2007 in O.S.No.16 of 2001 on the file of the Principal Sub Court, Thrissur. During the pendency of the appeal by order dated 26.6.2015 the matter was referred for mediation at the Ernakulam Mediation Centre (High Court). Accordingly the dispute was mediated and the parties have settled their disputes. On that basis they have filed compromise petition dated 21.8.15. In the light of the above, this appeal is disposed of directing that the parties will be governed by the terms of the compromise petition dated 21.8.2015, which will form part of this judgment. ANTONY DOMINIC, JUDGE.

P.V.ASHA, JUDGE.

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